Outdoor  Labor  for  Convicts 


A  REPORT 
TO  THE  GOVERNOR  OF  ILLINOIS 


BY 

CHARLES  RICHMOND  HENDERSON 


.;. 
\o      OF 

iFOR 


CHICAGO 

THE  UNIVERSITY  OF  CHICAGO  PRESS 

1907 


c. 


COPYRIGHT  1907  BY 
THE  UNIVERSITY  OF  CHICAGO 


Published  September  1907 


Composed  and  Printed  By 

The  University  of  Chicago  Press 

Chicago.  Illinois,  U.  S.  A. 


TABLE  OF  CONTENTS 

FACE 

INTRODUCTION ,    .    •    •    .      vii 

REPORTS  OF  INTERNATIONAL  PRISON  CONGRESS,  BY: 

JULES  FEKETE  DE  NAGYIVANY i 

Volume  I,  Part  3,  page  323,  of  Bulletin  de  la  Commission  Ptniten- 
tiare  Internationale,  1905. 

O.  KELLERHALS 14 

Vol.  I,  Part  3,  p.  341  (with  supplement). 

M.  LAGUESSE 27 

Vol.  I,  Part  3,  p.  351. 

JULES  VEILLER 31 

Vol.  II,  Part  i,  p.  67. 

JULES  KIRALY 37 

,  Vol.  II,  Part  a,  p.  155. 

DR.  CURTI 52 

Vol.  II,  Part  2,  p.  175. 

S.  E.  BALDWIN 55 

Vol.  II,  Part  2,  p.  179. 

J.  P.  VINCENSINI 68 

Vol.  II,  Part  2,  p.  195. 

ALBIN  UHLYARIK 72 

Vol.  II,  Part  4,  p.  459. 

KARL  HAFNER 76 

Vol.  Ill,  Part  I,  p.  55. 

BERNARD  FRIEDMAN 80 

Vol.  Ill,  Part  3,  p.  327. 

M.  B.  ALTAMURA 89 

Vol.  Ill,  Part  3,  p.  341. 

ROBERT  H.  MARR 93 

Vol.  Ill,  Part  4,  P.  477- 


175155 


PAGE 

ANTOINE  MARCOVICH 102 

Vol.  IV,  Part  i,  p.  85. 

J.  V.  HURBIN 108 

Vol.  IV,  Part  2,  p.  199. 

ETIENNE  FLANDIN 112 

•     Vol.  V,  Part  i,  p.  21. 

M.   DE    LOUTCHINSKY  .      ...      . .      .      .      .      .       117 

Vol.  V,  Part  i,  p.  29. 
MME.  THE  COUNTESS  EUGENIE  KAPNIST 126 

REPORT  OF   VAGRANCY  COMMITTEE   OF   LINCOLNSHIRE,  ESPECIALLY  ON 

MERXPLAS  COLONY,  BELGIUM 143 

EXTRACTS  FROM. REPORT  OF: 

F.  H.  WINES,  ON  FARM  PRISONS  IN  LOUISIANA 152 

E.  T.    MOBBERLY.   ON   FARM    PRISON    OF    MISSISSIPPI       .      .      .      .      ,      .154 


To  His  Excellency  Governor  C.  S.  Deneen: 

SIR  :  Herewith  I  offer  to  you  the  results  of  the  studies  on  "Outdoor 
Labor  for  Convicts"  which  I  have  been  carrying  on  for  some  months. 
It  is  clue  to  your  encouragement,  and  your  suggestion  that  the  study 
might  be  useful,  that  I  have  brought  the  labor  to  an  end.  Most  of  the 
material  is  a  translation  from  the  discussions  of  the  last  International 
Prison  Congress,  but  there  are  independent  observations. 

Yours  obediently 

CHARLES  RICHMOND  HENDERSON 


INTRODUCTION 

The  legislature  of  Illinois  and  the  law-making  bodies  of  all  other 
states  and  foreign  countries  are  continually  compelled  to  confront  the 
many-sided  problem  of  occupation  for  convicts.  That  health,  morality, 
and  the  ends  of  reformatory  treatment  all  demand  steady  and  useful 
occupation  for  all  prisoners  is  too  obvious  to  need  argument.  No  sane 
person  will  openly  advocate  making  of  the  enemies  of  society  favored 
and  sheltered  exceptions  to  the  law  that  each  man  must  work  for  what 
is  given  him  to  eat  and  enjoy.  All  other  men  must  toil,  and  certainly 
convicts  have  no  particular  claim  to  immunity ;  indeed,  they  owe  special 
obligations  to  the  society  which  they  have  wronged,  whose  property  they 
have  made  insecure,  whose  life  they  have  placed  in  jeopardy. 

But  it  does  not  at  all  follow  that  all  prisoners  should  be  compelled  to 
work  within  prison  walls.  The  prison  is  not  by  any  means  the  only 
method  of  punishing  culprits.  Society  has  at  its  disposal  numerous 
ways  of  reforming  the  reformable,  as  reprimands,  supervision,  fines, 
reparation,  probation,  and  others.  The  present  publication  begun  with 
the  encouragement  of  His  Excellency  Governor  Deneen  is  a  fragmentary 
contribution  to  a  single  aspect  of  the  broad  subject,  that  of  occupation 
of  prisoners  in  the  open  air.  During  the  summer  of  1905  the  writer 
visited  prisons  and  penal  colonies  in  Belgium,  England,  France,  Switzer- 
land, and  Hungary,  having  in  mind  the  study  of  this  particular  topic. 
Among  the  interesting  experiments  observed  were  the  establishment  at 
Borstal  for  young  convicts  and  the  reform  school  at  Red  Hill,  in  England ; 
the  correctional  colony  of  Merxplas,  in  Belgium ;  the  reformatory  colony 
for  boys  at  Mettray,  in  France ;  and  the  farm  colony  of  Witzwil,  in 
Switzerland.  At  each  of  these  places,  and  others,  consultations  were  held 
with  the  actual  administrators  of  these  institutions,  with  their  buildings 
and  equipment  directly  under  the  eye,  and  with  every  opportunity  which 
courteous  and  intelligent  men  could  give  to  interpret  the  purpose  and 
method  of  each  establishment.  In  previous  years  many  prisons  had  been 
visited  in  other  countries,  especially  Germany,  so  that  almost  every  type 

vii 


of  correctional  institution  has  been  inspected  and  studied  with  consider- 
able care.  Somewhat  extended  travel  in  this  country  has  made  the  types 
familiar  here  a  part  of  the  facts  considered.  As  delegate  of  the  United 
States  government  to  the  International  Prison  Congress  at  Budapest,  in 
1905,  where  the  question  of  open-air  occupation  of  prisoners  was  on  the 
programme  for  discussion  by  experts  from  all  nations,  further  advantages 
for  study  were  enjoyed.  The  reports  made  to  the  International  Congress 
are  here  presented  in  the  English  language.  Most  of  the  translations 
were  made  by  my  students  in  criminology  at  the  University  of  Chicago, 
and  their  names  are  printed  in  connection  with  the  articles  they  translated 
from  the  French  originals.  Probably  no  such  a  collection  of  opinions, 
facts,  and  arguments  on  this  problem  was  ever  before  brought  together, 
and  the  experiences  described  are  fresh  and  living.  No  attempt  has  been 
made  to  verify  or  correct  the  statements  of  the  authors ;  each  speaks  on 
his  personal  responsibility.  A  few  errors  will  inevitably  be  found  but 
they  are  not  sufficiently  important  to  mar  the  value  of  the  collection  as  a 
whole.  To  this  material  some  discussions  and  facts  from  other  sources  1 
have  been  added,  the  most  important  being  the  notes  of  Dr.  F.  H. 
Wines  on  southern  farm  prisons  and  the  English  report  on  Merxplas. 

The  reports  as  here  presented  lack  uniformity  in  style  because  they 
were  originally  composed  by  men  of  varied  attainments  and  characteris- 
tics, were  written  in  several  different  languages  and  most  of  them 
had  to  be  translated  into  French.  Then  these  translations  into  English 
have  been  made  by  several  different  persons,  each  with  his  own  form  of 
expression.  Yet  it  is  believed  that  no  sentence  in  the  translation  has  been 
left  obscure ;  and,  in  spite  of  the  irregularities  of  style,  the  authors,  without 
any  previous  correspondence,  come  practically  to  the  same  conclusions. 
This  unity  in  essentials  is  itself  a  remarkable  fact  and  a  confirmation  of 
the  belief  that  the  principles  of  social  science  discovered  by  reflection  on 
experience  are  sound  and  reliable.  As  someone  has  said,  the  Inter- 
national Prison  Congress  is  a  Babel  of  languages,  but  a.  Day  of  Pentecost 
for  good  understanding  and  harmony. 

This  whole  question  of  occupation  of  convicts  is  connected  with  that 
of  the  reform  of  our  jail  system,  which  by  the  unanimous  consent  of  all 

1  Since  the  preparation  of  this  report  began  a  very  valuable  work  has  been  published 
by  the  government:  the  Twentieth  Annual  Report  of  the  Commissioner  of  Labor,  on 
Convict  Labor,  Washington,  1905.  The  facts  there  given  about  Illinois  prison  industries 
deserve  careful  attention. 

viii 


competent  students  is  the  most  vicious  and  corrupting  agency  connected 
with  our  penal  system.  The  essential  evil  of  the  ordinary  county  jail 
does  not  lie  merely  in  its  insanitary  condition,  bad  as  that  often  is ;  for 
this  can  be  corrected  by  health  authorities.  The  worst  of  the  jail  method 
is  that  it  involves  idleness  and  base  companionship.  It  is  idleness  which 
corrupts  young  men,  especially  when  the  unoccupied  time  is  spent  with 
depraved  company.  Nor  can  this  evil  be  corrected  so  long  as  the  ordi- 
nary place  for  serving  short  sentences  is  a  county  institution.  The  jail 
should  be  reserved  simply  for  persons  presumably  innocent,  but  held  for 
trial ;  a  convicted  person  should  at  once  be  sent  to  a  district  prison  of 
some  kind,  and  placed  under  state  control  until  he  is  restored  to  freedom. 

When  this  radical  reform  has  been  effected,  as  some  day  it  will  be, 
then  a  much  larger  number  of  persons  must  be  given  employment  than 
at  present.  What  will  that  employment  be?  No  more  serious  problem 
can  be  proposed  for  the  thoughtful  and  reasonable  people  of  any  com- 
monwealth.  Perhaps  some  light  will  be  thrown  on  this  problem  by  the 
discussions  here  presented.  It  is  to  be  hoped,  at  least,  that  houses  of 
correction  and  city  reform  schools  will  be  removed  out  of  crowded 
quarters,  where  reformatory  methods  are  rendered  difficult,  if  not 
impossible,  even  under  the  best  of  officers.  It  is  simply  pitiful  to  visit  the 
John  Worthy  School  in  Chicago  and  see  the  obstacles  to  improvement 
which  are  there  thrown  in  the  way  of  the  teachers  by  the  outward  condi- 
tions. The  St.  Charles  School  presents  a  contrast  which  every  legislator 
would  do  well  to  ponder.  Mere  petty  tinkering  with  the  present  methods 
is  absurd,  and  is  waste  of  time,  money,  and  manhood. 

There  is  a  large  class  of  low-bred,  degenerate,  alcoholic  "rounders" 
who  are  now  required  to  serve  short  sentences  for  drunkenness  or 
disorder,  and  who  are  made  worse  by  the  irrational  treatment  given 
them  under  present  laws.  Much  of  their  treatment  ought  to  be  hygienic 
and  under  medical  direction,  in  the  open  air.  Many  of  this  class  are 
simply  neurotic  and  have  not  enough  sound  nerve  tissue  to  support  a 
moral  volition.  To  make  them  over  morally,  they  must  be  kept  from  the 
possibility  of  getting  alcohol  and  drugs,  and  sensual  gratifications  for  at 
least  three  years,  though  some  can  be  cured  in  less  time  and  some  can 
never  be  cured.  The  incurable,  however,  are  better  off  in  a  farm  colony 
than  they  would  He  in  city  lodging-houses  and  on  the  floors  of  station- 
houses  in  winter  nights. 

ii 


In  selecting  a,  method  of  employing  convicts  several  considerations 
must  be  held  together  before  the  mind.  In  the  first  place,  the  physical 
health  of  the  convict,  as  all  civilized  people  now  agree,  should  not  be 
impaired  by  confinement,  if  this  can  be  avoided;  for  in  reformatory 
treatment  health  is  an  essential  condition  of  successful  life  in  freedom 
after  the  term  of  sentence  has  been  served.  It  is  not  the  civilized  theory 
of  prisons  that  they  should  be  used  for  inflicting  capital  punishment  by 
slow  process  under  the  form  of  starvation  or  other  hardships.  "Cruel 
and  unusual  punishments"  are  expressly  forbidden  by  fundamental  law. 

Another  consideration  is  economy  for  the  state.  Society  already  has 
a  burden  on  account  of  crime  which  is  all  too  heavy  without  adding  any 
needless  expense  for  convicts.  The  occupations  of  prisoners  should 
therefore  be  as  lucrative  to  the  state  as  possible,  keeping  in  mind  the 
effect  on  free  labor  and  the  reformation  of  the  prisoner  himself. 

The  preparation  of  the  convict  for  a  rational  and  useful  career  in 
freedom  is  one  of  the  fundamental  aims  of  all  prison  treatment,  and  this 
must  influence  the  choice  of  occupation  for  each  individual  convict.  It 
has  been  said  that  the  habit  of  industry  is  more  important  in  this  process 
of  fitting  a  man  for  honest  life  than  the  particular  kind  of  industry  to 
which  he  may  be  set ;  and  this  is  true  but  not  all  the  truth.  Next  to  the 
habit  of  industry  is  the  importance  of  giving  a  man  work  which  he  is 
able  and  likely  to  follow  on  the  outside.  •  Very  much  thought  and  care 
should  be  bestowed  on  the  multiplication  of  forms  of  industry,  so  that 
each  man,  so  far  as  possible,  may  receive  just  that  kind  of  industrial  habit 
which  will  at  once  after  discharge  make  him  a  quick  and  efficient  workman 
in  the  line  most  nearly  adapted  to  his  nature  and  skill.  This  regulative 
principle  is  of  special  significance  in  the  case  of  young  offenders  and  all 
who  are  at  all  reformable.  Those  who  are  really  incorrigible  society 
must  at  least  learn  to  keep  in  custody  under  the  indeterminate  sentence, 
and  then  the  form  of  occupation  is  of  minor  importance.  The  indeter- 
minate sentence  as  interpreted  by  its  wisest  defenders,  means  a  training 
in  freedom  for  young  offenders,  and  a  life-long  custody  by  responsible 
state  officials  of  those  who  have  proved  themselves  unfit  for  freedom. 
This  latter  aspect  is  not  popularly  understood  because  as  yet  no  state  has 
had  the  courage  to  adopt  the  custodial  policy  on  principle  and  openly. 
In  practice,  and  in  the  worst  possible  form,  our  minor  courts  do  try  to 
keep  these  miserable  recidivists  in  jail  and  workhouse  as  much  of  the  time 


as  possible;  but  this  involves  frequent  and  costly  trials,  heavy  tasks  for 
the  police,  enormous  expense  to  the  public,  without  the  least  prospect  of 
doing  any  good  to  the  weak-willed  offenders.  For  these  life  in  a  self- 
supporting  farm  colony,  where  all  trades  are  needed,  would  be  most  merci- 
ful and  economical. 

The  International  Congress  at  its  last  meeting  in  Budapest  summarized 
its  conclusions  in  very  brief  form,  and  these  conclusions  may  be  made 
the  basis  of  further  comment.  The  fifth  question  before  the  Second  Sec- 
tion was  stated  as  follows:  "According  to  what  principles  should  be 
authorized,  and  in  what  manner  should  be  organized,  the  employment 
of  convicts  in  field-work  or  in  works  of  public  utility  in  the  open  air?" 

The  principles  adopted  in  answer  to  this  question  were: 

1.  Penal  labor  in  the  open  air  is  suitable  for  any  prisoner  whose  term  is  more 
than  one  year,  but  less  than  ten,  and  who  has  completed  at  least  six  months  of  his 
term  in  a  cell. 

2.  Prisoners  who  may  be  employed  to  cultivate  fields,  vineyards,  and  gardens 
are:      (a)    those  who  have  been  employed  in  agriculture  before  their  conviction 
and   who   have  made  a   record   for  good   conduct;    (&)    those  who,   before   their 
conviction,  were  vagabonds,  mendicants,  drunkards,  idlers — if  their  conduct  in  the 
cell  gives  ground  for  hope  that  they  may  be  reformed;   (c)  prisoners  whose  con- 
stitution is  feeble,  and  those  affected  by  pulmonary  disease. 

3.  For  the  purpose  of  carrying  on  these  works,  land  should  be  bought  or  leased, 
whenever  possible,  near  to  the  penitentiary. 

4.  The  products  of  this  labor  should  in  the  first  place  serve  for  the  consumption 
of  the  prisoners. 

5.  The    kind    of    agricultural    labor   to    be    required    of    prisoners    should    be 
determined,  as  far  as  possible,  according  to  the  principle  of  individual  treatment. 

6.  In  case  of  bad  conduct  the  prisoner  should  be  subjected  to  the  regular  dis- 
ciplinary punishments  in  the  prison,  to  which  he  will  be  returned  for  discipline, 
if  his  state  of  health  permits. 

7.  There  may  be  employed  on  other  outdoor  labor   (improvement  of  the  soil, 
drainage   works,   construction   of   roads   and   canals,   correction   of   the   course    of 
streams,  picking  out  stones,  cutting  wood,  etc.)    all  prisoners:    (a)    if  the  public 
interest-  requires    these    works    and   there   is    lack    of    free    laborers;    (fr)    if   the 
strength  and  healtH  of  the  prisoner  permit . 

8.  It  is  suitable  to  set  at  this  kind  of  labor  prisoners  of  the  category  called 
incorrigibles. 

9.  The  convicts  employed  on  these  works  should  pass  each  night  and  the  hours 
of  rest,  so  far  as  possible,  in  the  prison ;  in  case  of  necessity,  they  may  be  housed, 


for  a  short  period  and  carefully  guarded,  in  barracks,  while  they  should  be  prevented 
from  communicating  with  free  laborers  or  with  other  convicts. 

It  will  be  noticed  that  the  Congress  has  committed  itself  in  favor  of 
working  prisoners  in  the  open  air  as  far  as  possible,  but  under  very  rigid 
conditions  and  with  careful  restrictions.  It  is  very  dangerous,  in  intro- 
ducing a  reform,  to  carry  it  too  far  and  to  break  it  down  by  wrong 
methods.  All  the  best  authorities,  for  example,  insist  that  prisoners 
working  outside  the  prison  ought  never  to  be  brought  in  contact  with 
free  laborers  and  with  the  general  public.  They  give  reasons  for  this 
position.  If  prisoners  are  set  to  work  on  public  roads  or  streets  of  cities 
where  people  are  constantly  passing,  they  must  be  chained  and  guarded 
by  men  armed  with  deadly  weapons.  If  the  weapons  are  used  in  places 
where  citizens  pass,  there  is  danger  of  killing  the  wrong  person.  Nothing 
can  be  more  degrading  to  a  prisoner,  nothing  more  hardening  to  public 
feeling,  than  the  public  punishment  of  convicts.  It  is  to  be  hoped  that 
our  towns  and  rural  communities  will  never  permit  themselves  to  grow 
accustomed  to  spectacles  which  constantly  suggest  crime. 

In  devising  plans  for  outdoor  labor,  the  nature  of  our  climate,  with  its 
long  and  often  severe  winter,  must  not  be  forgotten.  We  have  not  the 
climate  of  Louisiana  and  the  Carolinas,  and  we  cannot  adopt  methods 
which  may  be  excellent  there. 

Nor  are  the  majority  of  our  convicts  negroes,  easily  subdued  and 
tractable  under  white  overseers.  Our  prisoners  are  frequently  dangerous, 
shifty,  and  associated  in  gangs  whose  members  are  ready  to  help  each 
other  with  money  and  legal  talent  of  a  sort.  Discipline  under  such 
conditions  must  be  vigorous,  keen,  alert. 

The  legislature  holds  the  wardens  of  prisons  responsible  for  the 
escape  of  convicts,  and  it  must  give  them  means  of  preventing  flight.  It 
is  unreasonable  and  unjust  for  the  state  to  require  a  warden  to  restrain 
the  prisoners,  and  then  place  dangerous  men  in  a  position  where  they 
can  easily  run  away.  Dr.  Curti,  in  Switzerland,  described  to  the  writer 
the  intolerable  anxiety  of  a  warden  whose  prisoners,  if  confirmed  criminals, 
are  scattered  at  wide  range  outside  the  walls.  He  declared  that  no 
competent  officer  could  endure  the  weight  of  such  responsibility.  Con- 
victs are  not  all  alike ;  they  can  be  classified  according  to  their  character 
and  habits,  and  treated  as  the  case  demands.  Some  men  can  be  trusted 
outside  the  walls,  under  guard;  some  even  without  guard;  but  many 


must  be  held  by  barriers  of  stone  and  steel.  Men  who  have  never  been 
farmers  and  never  can  be  induced  to  live  in  the  country  are  not  hopeful 
pupils  in  rural  arts.  Careful  classification  is  the  basis  of  rational  division 
of  labor. 

A  very  able  commission  of  Indiana  two  years  ago  made  a  report  to 
the  governor  and  legislature  which  contains  hints  of  value  to  Illinois.  In 
that  report  they  said : 

Prison  labor  is  employed  in  some  of  the  southern  states  upon  public  works 
and  in  the  making  of  roads.  This  method  of  employment  of  such  labor  is  a 
common  suggestion  among  a  class  of  our  people  who  have  given  little  thought  to  the 
subject.  We  have  given  this  method  consideration,  have  made  some  investigations 
as  to  the  cost  it  would  necessarily  involve,  and  have  reached  the  conclusion  that 
the  expense  alone  renders  it  whol'y  impracticable  in  Indiana ;  and,  furthermore, 
it  is  not  suited  to  our  ideas  and  our  civilization.  Its  direct  tendency  is  to  degrade 
the  prisoner,  whereas  our  modern  methods  are  on  lines  of  helpfulness  and 
reformation. 

But  in  this  strong  protest  against  public  exposure  of  convicts  they  agree 
that  work  in  the  open  air  may  be,  under  proper  limitations,  employed  in 
our  climate.  They  recommend  district  workhouses  placed  in  different 
parts  of  the  state  and 

located  upon  tracts  of  land  which  would  enable  the  management  to  utilize  the  labor 
of  such  prisoners  in  growing  farm  produce  for  maintenance,  and  that  such  locations 
be  selected  in  the  vicinity  of  quarries  or  mines  or  brick  clay,  with  a  view  to  uti'izing 
such  labor  in  the  production  of  coal  for  the  state,  materials  for  roads  from  stone, 
or  the  production  of  brick  for  the  state  or  for  state  account.  The  labor  of  this 
class  of  prisoners  [that  is,  ordinary  jail  prisoners]  might  be  largely  used  in  the 
construction  of  the  workhouses  contemplated  by  the  proposed  plan. 

Our  northern  prisons  and  reformatories  are  not  without  instructive 
experience  with  outdoor  labor.  Farming  and  gardening  have  long  been 
recognized  as  necessary  factors  in  reform  schools  for  youth  and  in 
reformatories  for  women,  as  at  Sherborn,  Mass.,  and  at  Bedford,  N.  Y. 2 
All  admit  now  that  all  tuberculous  prisoners  should  live  and  work  outside 
the  walls.  Nervous  defects  demand  similar  treatment,  and  many  convicts 
are  nervously  diseased. 

2  See  the  remarkable  paper  of  Dr.  K.  B.  Davis  in  the  Proceedings  of  the  National 
Prison  Association  for  1905,  where  Miss  Davis,  the  superintendent,  shows  the  high 
therapeutic  value  of  outdoor  work  upon  the  diseased  nervous  system. 

xiii 


Taking  a  few  illustrations  at  random  from  recent  reports,  we  note 
the  following  instances  where  a  good  beginning  has  been  made. 

At  the  Jeffersonville  Reformatory,  Indiana,  building  has  been  carried 
on,  and  a  limited  amount  of  gardening.  The  last  report  says : 

We  produced  last  year  145  dozen  bunches  of  rhubarb,  50  bushels  of  turnips, 
450  bushels  of  tomatoes,  1,946  gallons  of  milk,  1,044  bunches  of  green  onions,  40 
bushels  of  onion  sets,  275  bushels  of  beets,  250  barrels  of  cabbage,  480  dozen  ears 
of  green  corn,  21^2  barrels  of  lettuce,  and  38,400  radishes.  We  canned  for  use  in  the 
institution  1,600  gallons  of  tomatoes,  and  made  and  consumed  8  barrels  of  kraut. 
....  The  reformatory  is  unfortunate  in  that  it  has  not  sufficient  land  for  the 
purpose  of  raising  all  vegetables  that  are  required  for  its  own  consumption.  We 
have  about  20  acres  of  land  of  questionable  utility.  With  the  proper  amount  of 
fertile  land,  this  could  be  made  the  most  profitable  department  of  the  trades-school 
system,  for  there  is  no  better  trade  to  be  taught  to  the  average  boy  than  that  of 
agriculture.  ....  There  is  nothing  more  beneficial  to  the  inmates  of  the  insti- 
tution who  are  fortunate  enough  to  be  assigned  to  this  work,  than  the  healthful 
exercise  they  get  in  the  field. 

In  the  grounds  of  the  House  of  Correction  of  Chicago  brick-making 
has  been  carried  on,  and  a  certain  amount  of  gardening  and  cultivation 
of  flowers. 

In  the  report  of  Major  R.  W.  McClaughry,  warden  of  the  Federal 
prison  at  Leavenworth,  Kan.,  we  find  this  statement  of  the  physician,  Dr. 
A.  F.  Yohe: 

The  general  health  of  the  prisoners  has  been  good,  and  can  be  largely  attributed 
to  the  outdoor  employment  of  the  greater  number There  were  fifty- 
two  cases  treated  in  the  hospital  annex  during  the  year,  of  which  twenty-four 
were  returned  to  duty  improved.  These  cases  were  tuberculosis  in  various  forms 
and  the  treatment  consisted  for  the  most  part  in  outdoor  life  and  forced  feeding. 

On  the  economic  side  the  report  tells  us  that,  in  addition  to  extensive 
building  operations,  the  prisoners  cultivated  164^4  acres  and  produced 
vegetables  valued  at  $11,180.  The  Federal  Prison  at  Atlanta  produced 
farm  and  garden  products  of  the  value  of  $3,972.54  last  year. 

It  would  be  in  accordance  with  the  expert  conclusions  of  the  Inter- 
national Prison  Congress  if  the  legislature  should  require  the  gradual 
removal  of  the  Joliet  prison  to  a  locality  where  arable  land  for  farming, 
gardening,  and  stock-raising  could  be  bought  or  leased,  and  where  mate- 
rials for  other  industries  might  be  available.  If  some  of  the  now  idle 

xiv 


convicts  in  county  jails  could  be  paroled  under  supervision,  some  of  them 
given  a  chance  to  pay  their  fines  on  the  instalment  plan,  and  the  really 
depraved  and  criminal  men  sent  to  farm  colonies  long  enough  to  make 
them  over,  body  and  soul,  it  would  be  a  wise  application  of  the  same 
principles  to  our  situation. 

This  is  not  the  place  to  argue  at  length  about  the  market  for  the 
products  of  prison  manufactures.  Public  opinion  and  the  interests  both 
of  business  men  and  of  wage-workers  are  compelling  all  modern  states 
to  keep  these  products  out  of  the  general  market.  Many  of  these  products 
can  be  used  in  state,  city,  and  county  institutions  and  offices,  as  in 
New  York  state.  For  the  other  labor  a  profitable  use  must  be  found. 
Materials  can  be  prepared  for  roads.  Where  convicted  persons  can  be 
trusted  to  work  out  fines  on  roads  without  chains,  armed  guard  in  uni- 
form, or  other  marks  of  humiliation,  they  may  be  thus  employed.  It 
has  been  suggested  that  there  are  public  improvements  needed  in  Illinois 
upon  which  guarded  convicts  might  be  put  at  work  and  not  brought  in 
contact  with  the  public.  This  is  a  matter  which  may,  with  great  care,  be 
put  to  trial  on  a  small  scale  by  the  officials  of  state  prisons ;  but  it  cannot 
be  safely  intrusted  to  city  and  county  administration.  Radical  improve- 
ment must  be  effected  by  state  control  of  the  administration  of  the  penal 
laws  of  the  state. 

Not  only  the  fundamental  principles,  but  also  many  practical  methods, 
already  tried  by  educated  and  trained  prison  administrators,  may  be  found 
in  the  reports  of  the  collection  herewith  presented.  These  discussions 
are  often  suggestive,  even  when  the  schemes  described  ought  not  to  be 
exactly  and  slavishly  imitated.  The  right  principle  is  to  proceed  carefully 
with  experiments  on  selected  classes  of  prisoners,  and  gradually  extend 
outdoor  employment  as  experience  shows  to  be  wise  in  our  climate,  with 
our  classes  of  convicts,  and  with  our  industrial  and  economic  conditions. 

CHARLES  RICHMOND  HENDERSON 

UNIVERSITY  OF  CHICAGO 
October,   1906 


3ITY 


REPORT  PRESENTED  BY  DR.  JULES  FEKETE  DE  NAGYIVANY 

COUNCILOR    OF    THE    CRIMINAL    COURT    OF    BUDAPEST 
[TRANSLATOR,  O.  F.  JORDAN] 

I 

Since  Holtzendorf,  the  opinion  that  the  prison  system  is  bankrupt  has 
become  general.  I  do  not  mean  in  the  great  number  of  delinquents  that 
the  criminal  tribunals  of  Europe  have  sent  to  prison  in  the  last  ten  years ; 
I  desire  simply  to  indicate  in  a  few  words  one  of  the  most  threatening 
enemies  of  modern  society,  the  increasing  number  of  recidivists. 

In  the  United  States  the  complaint  of  the  increasing  number  of  recidi- 
vists has  become  general.  In  Colorado,  Mr.  Stonaker,  secretary  of  the 
State  Board  of  Charities  and  Correction,  relates  that  in  the  years  1898-99 
the  proportion  of  recidivists  from  the  state  penitentiary  was  13.3  per  cent., 
while  the  proportion  of  all  the  recidivists  in  the  prisons  approaches  nearly 
50  per  cent,  of  the  entire  population.  In  the  two  California  prisons,  San 
Quentin  and  Folsom,  there  were  among  the  14,315  first-termers  confined 
during  the  last  ten  years  3,423  recidivists.  Isaac  J.  Wister  wrote  that  in 
Pennsylvania  the  proportion  of  the  recidivists  is  large.  In  the  state  of 
Connecticut  the  situation  is  also  discouraging ;  for  the  warden  wrote 
that  about  14  per  cent,  of  the  prisoners  discharged  are  sooner  or 
later  returned  to  the  institution,  despite  the  severity  which  is  exercised 
there,  for  the  "incorrigibles"  may  be  confined  in  prison  twenty-five  years. 
But  the  proportion  of  recidivists  is  still  greater,  in  view  of  the  fact  that  in 
many  cases  the  previous  life  in  other  states  of  those  sentenced  is  unknown. 
The  modern  system  of  "repression"  is  therefore  shown  to  be  inefficacious 
in  our  classic  age  of  humanity. 

In  France  in  the  last  fifty  years  the  number  of  punishable  delinquents 
has  been  tripled,  thus  revealing  a  class  of  active  evil-doers  with  the 
habitual  practice  of  crime,  which  society  has  vainly  arrested,  beaten, 
admonished,  reproved,  and  chastised.  The  time  has  come,  therefore,  to 
resort  to  other  means  and  methods,  especially  those  of  a  social  character. 

In  1888  the  tribunals  of  Germany  condemned  for  crimes  and  misde- 

i 


meanors  against  the  laws  of  the  empire  350,655  persons ;  in  1893,  430,- 
463.  Considering  the  matter  of  recidivism,  of  95,755  persons  sentenced  for 
theft  in  1893,  14,566  had  already  been  condemned  for  the  same  offense  or 
for  receiving  stolen  goods;  and  among  the  recidivists  are  counted  1,087 
minors. 

With  regard  to  England,  the  Judicial  Statistics  for  1896  state  that  of 
85,405  convictions  (55,097  men  and  30,308  women),  21,932  had  previously 
been  sentenced  once;  10,962  twice;  7,531  three  times;  5,613  four  times, 
and  4,387  five  times.  Among  the  malefactors  of  a  more  dangerous  class, 
13,556  had  been  sentenced  six  to  ten  times,  11,519  eleven  to  twenty  times ; 
and  finally  there  is  a  class  in  which  are  found  990  prisoners  who  had  been 
sentenced  over  twenty  times. 

Hungary  is  not  at  all  behind,  considering  that  in  1891,  Croatia 
excepted,  of  46,009  men  and  16,423  women  sentenced  for  crimes  and 
misdemeanors,  there  are  6,240  men  and  2,637  women  who  had  previously 
been  sentenced  once  for  the  same  offense;  and  in  1897  of  58,513  men 
and  19,291  women,  7,323  men  and  2,608  women  had  been  previously 
sentenced  for  the  same  offense. 

The  reform  movement  of  the  nations  which  demands  the  employment 
of  prisoners  in  the  open  air  is  under  certain  conditions  justified  and  the 
system  of  movable  houses  of  correction  has  obtained  in  three  parts  of 
the  world  with  the  following  results. 

II 

In  the  United  States  North  Carolina  holds  the  record,  and  under  the 
direction  of  the  superintendent-in-chief,  I.  S.  Mann,  the  "farm"  system 
has  already  attained  a  very  great  development.  Besides  the  twenty-five 
convict  camps  organized  in  that  state,  there  are  the  Caledonia  and  Hali- 
fax farms  which  merit  special  attention.  These  are  truly  model  farms. 
For  the  hard  work,  physically  strong  persons  are  used,  while  those  who 
are  weaker  are  used  in  the  easier  labors,  in  which  they  acquire  strength 
and  learn  to  do  their  work.  The  inhabitants  of  that  state  being  mostly 
agriculturists,  it  has  come  to  pass  that  in  1896,  of  1,145  prisoners  in  the 
central  house  at  Raleigh,  1,110  were  on  the  farms.  That  is  why  Mr. 
Mann  wrote  that  to  confine  that  race  (negroes)  within  walls  is  certainly  to 
increase  their  death-rate.  The  convict  camps  are  an  absolutely  new  institu- 
tion in  which  are  placed  the  convicts  sentenced  for  less  than  five  years  work 


during  the  warm  months  on  the  roads,  and  when  cold  weather  comes  they 
go  into  winter  quarters.  Definite  judgment  cannot  yet  be  pronounced  on 
the  system;  but  from  the  moral,  sanitary,  and  economic  points  of  view, 
the  farm  system  makes  an  excellent  showing.  Owing  to  the  lack  of  free 
labor,  the  system  of  contract  labor  is  used  here ;  and  since  the  prisoners 
are  constantly  under  the  strict  rules  of  the  house  of  correction,  no  objec- 
tions can  be  raised  to  the  method.  Mann  states  that  it  is  a  correct  policy 
to  divide  prison  labor  between  the  farm  and  contracts.  In  farm  work 
much  labor  can  be  used  that  is  totally  unfit  for  contract  work.  But  he 
concedes  that  prisoners  working  in  the  open  render  the  maintenance  of 
discipline  more  difficult.  In  spite  of  that,  he  recommends  the  farm  system. 

In  England  the  open  labor  system  is  practiced  in  three  convict  prisons, 
Dartmoor,  Parkhurst,  and  Borstal,  where  convicts  condemned  for  three 
years  or  longer  are  found. 

At  Dartmoor  200  prisoners  improve  the  marshy  ground  over  a  tract  of 
1,200  acres.  By  digging  canals,  the  removal  of  rocks,  and  raising  the 
surface,  they  have  rendered  the  ground  tillable,  and  it  already  produces 
rich  harvests  of  vegetables,  cereals,  and  fodder.  According  to  B.  H. 
Thomson,  the  excellent  governor,  and  expert  in  the  work  of  classification, 
not  activity  but  character  is  considered ;  and  upon  that  basis  the  hard- 
ened and  incorrigible  persons  remain  within  the  walls.  A  great  number 
of  recidivists  are  used  in  farm  labor.  They  find  work  enough  for  the 
winter  in  fencing,  digging,  reclaiming  bog  land  with  the  spade,  etc.  The 
guard  is  excellent — armed  pickets  on  foot  and  on  horseback — and  escape 
becomes  almost  impossible. 

At  Parkhurst  150  to  200  prisoners  work  upon  no  acres  of  excellent 
ground.  The  specialty  of  that  prison  is  that  almost  100  weak-minded 
convicts  are  occupied  with  growing  flowers,  vegetables,  fodder,  etc. 

At  Borstal  the  young  lawbreakers  of  from  sixteen  to  twenty-one 
years  of  age,  separated  from  the  adults,  are  engaged  in  agriculture,  which 
merits  special  mention. 

In  Australia  the  law  of  July  3,  1884,  prescribes  with  regard  to  New 
South  Wales  the  kind  of  work  to  use  in  the  open  air.  The  comptroller- 
general  of  the  prisons  may  direct  any  prisoner,  sentenced  to  imprisonment 
with  hard  labor  or  to  labor  on  the  roads  or  public  works  of  the  colony  or 
to  penal  servitude,  to  be  taken  away  for  the  purpose  of  laboring  outside 
the  walls  of  any  jail.  Fugitives  may  be  sentenced,  within  their  first 

3 


sentences,  to  the  prison  with  forced  labor  for  as  much  as  five  years.  The 
law  of  November,  1899,  deals  with  the  employment  in  the  open  air  of 
persons  given  a  shorter  sentence.  Whenever  a  justice  orders  an  offender 
to  be  imprisoned  with  hard  labor  for  a  period  not  exceeding  fourteen 
days  in  any  watchhouse  or  lockup,  ne  may  by  warrant  direct  such  labor 
to  be  performed  outside  such  watchhouse.  That  system  can  be  recom- 
mended only  for  vagabonds  and  for  persons  who  shun  work.  Corporal 
punishment  is  applied  also  without  regard  to  age.  If  a  male  of  sixteen 
years  or  over  is  convicted  of  feloniously  assaulting  or  maliciously  wound- 
ing any  person  in  such  jail,  the  court  may,  in  addition  to  any  other 
punishment  prescribed  for  such  offense,  sentence  the  offender  to  be  once, 
twice,  or  thrice  privately  whipped.  The  corporal  punishment  of  boys 
under  sixteen  may  go  to  fifty  blows  with  the  rod  as  independent  or 
supplementary  punishment.  In  New  South  Wales  work  in  the  open 
air  is  carried  on  in  three  great  prisons — at  Bathurst,  Darlinghorst,  and 
Golburn.  The  farm  system  will  have  a  great  future  here,  because  the 
uncultivated  land  is  extensive  and  the  resources  of  labor  are  small.  In 
spite  of  that,  the  country  is  far  behind  America. 

In  Prussia  it  is  the  rule  that  the  work  of  the  persons  incarcerated 
shall  as  far  as  possible  satisfy  the  needs  of  the  houses  of  correction. 
Great  importance  is  attached  to  the  financial  point  of  view  in  the  work 
of  construction.  The  prisoners  perform  all  the  domestic  and  rural  tasks. 
For  some  time  the  prisoners  have  been  employed  in  agricultural  work. 
Agricultural  labor  for  public  authorities  and  private  persons  may  be 
executed  by  prisoners.  Only  when  all  prisoners  cannot  be  employed 
in  agricultural  work  may  they  be  used  in  industry.  The  profit  of  the 
work  goes  into  the  treasury  of  the  state,  but  the  prisoners  who  are  well- 
behaved  receive  wages,  which  are  smaller  for  the  recidivists.  For  day 
work  the  wages  of  the  prisoners  of  the  central  houses  cannot  exceed 
fifteen  pfennig,  or  29  pfennig  for  the  inmates  of  the  prisons.  The 
prisoners  of  the  central  houses  can  be  used  in  agricultural  work  pro- 
vided they  have  already  served  at  least  one  year  of  their  sentence,  their 
conduct  has  been  good,  and  the  punishment  that  remains  does  not  exceed 
a  year,  or  exceptionally  two  years.  The  inmates  of  prisons  can  also  be 
employed  at  similar  work,  with  their  consent,  if  they  have  served  six 
months,  or  exceptionally  three  months,  of  their  sentence ;  if  their  conduct 
is  good  and  the  remaining  part  of  their  sentence  does  not  exceed  two 


years.  The  prisoners  of  the  central  houses  cannot  work  with  those  ot 
the  ordinary  prisons ;  and  they  must  be  kept  away  from  free  laborers.  In 
order  that  the  latter  should  not  suffer  loss,  the  prisoners  can  be  employed 
on  outside  work  only  when  there  is  not  enough  of  the  free  laborers  or 
when  the  wages  are  so  high  that  they  would  be  burdensome  to  the 
enterprise  (ordinance  of  June  30,  1900).  They  have  already  executed 
great  tasks  by  the  draining  of  Gross  Moosbruch,  by  the  improvement  of 
prairies,  by  draining  estates,  by  cultivating  marshy  lands,  by  the  improve- 
ment of  sandy  land,  by  the  construction  of  the  Nordhorn-Almelo  canal, 
by  the  care  of  the  forests  at  Siegburg,  by  the  raising  of  vines  at  Ardsbach- 
terthal,  etc.  This  work  is  done  equally  to  the  profit  of  the  state,  the 
corporations,  and  the  individuals.  According  to  Dr.  Krohne,  the  use 
of  prisoners  harmonizes  with  the  purposes  of  execution  of  sentence,  if 
groups  of  from  forty  to  sixty  prisoners  do  the  work  under  the  super- 
vision of  a  superior  and  staff.  The  prisoners  work  with  great  pleasure 
in  the  open  air,  and  they  furnish  only  at  the  beginning  an  inferior  grade 
of  work  compared  with  the  free  laborers.  The  maintenance  of  discipline 
does  not  offer  grounds  for  objection,  says  Krohne,  one  o£  the  greatest 
friends  of  the  cellular  system.  But  if  convicts  work  in  smaller  groups 
under  the  guard  of  inferior  officers,  then  great  evils  may  result  if  their 
communication  with  the  free  laborers  cannot  be  prevented — as  antago- 
nism of  employes,  grave  violence,  smuggling,  and  insubordination.  For 
these  reasons  the  smaller  groups  will  in  the  future  work  only  exception- 
ally, at  least  if  discipline  is  unable  to  overcome  the  obstacles. 

In  Russia  agricultural  penal  colonies  have  not  yet  been  organized  for 
adult  prisoners,  but  there  are,  as  everywhere  in  Europe,  institutions  for 
young  delinquents.  The  only  organization  of  that  kind  is  that  of  the 
construction  work  on  the  Trans-Siberian  Railroad.  That  glorious  and 
civilizing  work  has  been  accomplished  in  large  part  by  the  hands  of  the 
criminals  of  Siberia.  Their  wages  have  been  increased  after  they  have 
been  paid  a  gratuity  during  the  execution  of  the  penalty,  and  even  with 
the  reduction  of  the  sentence  in  case  of  good  conduct,  eight  months  of 
this  work  counting  for  a  year  of  prison  for  the  convicts  and  ordinary 
prisoners.  That  alone  has  already  resulted  in  increasing  their  zeal.  It 
cannot  be  doubted  also  that  the  honor  of  taking  part  in  a  national  enter- 
prise has  rehabilitated  them  in  their  own  eyes.  The  convicts  of  Siberia 
have  passed  their  four  months  of  winter  in  wood  houses  of  temporary 

5 


construction,  with  a  guard  of  five  men  for  a  hundred  convicts,  and  this 
has  not  resulted  in  a  single  case  of  flight.  The  irons  are  taken  from 
the  feet  of  the  convicts  here,  and  the  latter  are  placed  in  a  situation  that 
contributes  to  their  moral  regeneration.  The  prisoners  are  separated 
from  the  other  workers. 

There  is,  besides  this,  the  work  done  by  the  prisoners  in  cleaning 
streets  and  public  places,  the  construction  and  improvement  of  roads, 
shipping  of  merchandise,  cutting  of  wood,  carrying  of  water  and  snow 
and  ice,  carrying  of  furniture,  digging  of  ditches,  breaking  stone,  and 
work  in  the  fields,  kitchens,  and  gardens.  It  is  probable  that  this  system 
has  its  good  side;  but  from  the  point  of  view  of  penal  science,  the 
mingling  of  prisoners  with  the  rest  of  the  population  takes  away  from 
punishment  the  feeling  of  shame  which  is  necessary  to  it.  This  is  the 
opinion  of  Serge  Goguel,  the  great  apostle  of  work  in  the  open.  Among 
the  great  public  works  he  cites  the  construction  of  cathedrals,  barracks, 
fortresses,  etc.  But  it  is  a  fact  that  there  is  a  failure  to  organize  the 
workhouse  methodically  and  for  a  penitentiary  purpose. 

In  France  the  two  penitentiaries  situated  in  Corsica  have  not  pro- 
duced very  encouraging  results.  They  have  been  subject  to  serious 
criticism  because  of  the  poor  quality  of  the  labor;  and  lately  it  has  been 
proposed  to  close  these  colonies.  It  is  true  that  they  have  been  populated 
for  a  long  time  with  Arabs  sentenced  to  confinement  or  to  more  than 
three  years'  imprisonment.  It  is  now  proposed  to  place  in  the  Castelluccio 
penitentiary  200  prisoners  belonging  to  the  agricultural  class,  who  are 
scattered  in  the  central  houses  in  France,  selected  convicts  being  given 
half-wages.  It  is  a  step  toward  the  system  of  work  in  the  open  air.  The 
population  of  the  agricultural  penitentiary  of  Algeria  has  'a  special  charac- 
ter. One  finds  there  a  great  number  of  soldiers  sentenced  by  courts- 
martial.  The  results  obtained  are  in  serious  question.  Articles  21  and 
40  of  the  penal  code  provide  that  those  sentenced  to  solitary  confinement 
shall  be  detained  in  a  maison  de  force,  or  penitentiary,  and  secondly,  that 
those  sentenced  to  imprisonment  must  be  confined  in  a  house  of  correc- 
tion. It  is  necessary  then  to  commence  by  reforming  the  law.  The 
journey  toward  reform  begins  slowly  in  France,  but  finally  attains  its 
goal.  In  general,  in  the  central  houses,  gardens  of  greater  or  less  extent 
have  been  cultivated  by  the  convicts  for  a  long  time.  But  that  is  a  long 
way  from  what  is  being  done  in  England,  America,  and  Switzerland.  In 

6 


the  matter  of  agricultural  colonies,  we  find  in  France  only  the  colonies 
for  young  convicts,  which  are  famous  institutions.  But  they  are  not 
penal  agricultural  colonies.  The  outside  work  of  Algeria,  carried  on 
already  for  a  number  of  years,  has  nothing  of  interest  for  us. 

In  Austria  the  first  experiment  of  this  kind  was  made  at  Laibach  in 
1886,  with  65  prisoners.  The  work  of  improving  the  streams  in  the  Alps 
being  crowned  with  success,  the  employment  of  detachments  for  the 
improvement  of  the  rapids  upon  a  greater  scale  was  afterward  under- 
taken. According  to  the  director-general,  Anton  Marcovich,  it  has  always 
been  clear  that  the  employment  of  convicts  in  the  open  air  tended  to  their 
moral  improvement  and  preparation  for  free  life.  For  the  difficult  work 
of  the  convicts  the  corporations  interested  paid  1.5  crowns  a  day  per 
convict,  while  the  free  laborers  received  4  crowns.  The  penitentiary 
at  Marburg  alone  used,  in  1890,  200  men  divided  into  groups  of  from 
15  to  62  persons,  to  place  in  cultivation  some  lands  destroyed  by  inunda- 
tions, for  regulating  the  waters,  and  for  agricultural  and  horticultural 
work,  works  of  defense,  etc.  If  they  worked  far  from  the  penitential  y 
they  were  sheltered  in  wood  barracks  constructed  by  themselves,  and  when 
agricultural  work  demanded  a  greater  amount  of  help  there  were  sent 
from  Marburg  alone  454  convicts.  The  1 80  convicts  who,  under  the 
direction  of  16  overseers,  were  used  in  1893  near  Weitelsdorf,  in  a 
Siberian  winter,  to  improve  the  Drave,  accomplished  an  extraordinarily 
difficult  fyut  very  valuable  work.  The  free  laborers  were  unable  to  accom- 
plish that  difficult  task  which  the  convicts,  housed  in  a  wooden  penitentiary, 
executed  with  remarkable  courage.  The  work  was  accomplished  in  nine 
years  by  3,477  convicts,  and  the  net  profit  amounted  to  174,932  crowns. 
But  far  more  precious  was  the  moral  improvement  of  the  convicts  by 
reason  of  their  heroic  efforts  at  the  time  of  the  fires  and  inundations — a 
success  of  which  they  were  proud  because  they  were  guided  by  noble 
sentiments. 

For  the  work  in  the  open  air  only  trustworthy  convicts  are  employed, 
and  not  rarely  are  persons  serving  sentences  of  ten  years  so  employed. 
Though  long-term  convicts  are  thus  used,  only  five  escapes  in  the  course 
of  eight  years  have  occurred.  It  has  even  happened  that  one  group  was 
placed,  during  a  year  and  a  half,  far  from  the  central  penitentiary,  and 
the  honest  execution  of  the  work  did  not  suffer  on  that  account. 

In  Switzerland  the  canton  of  Bern,  in  founding  the  colony  of  Witzwil, 

7 


has  created  a  penal  agricultural  colony  that  is  the  most  perfect  institution 
of  its  kind  in  the  world,  and  is  everywhere  considered  a  model.  The 
ground  was  originally  the  property  of  a  company,  costing  in  1876,  with 
the  cost  of  maintenance,  1,163,201  francs;  but  the  state  bought  it  in  1891 
for  only  742,760  francs.  The  colony  is  directed  by  Otto  Kellerhals, 
who  has  succeeded  in  creating  upon  the  sterile  and  marshy  ground  a 
truly  model  farm.  The  land  contains  over  2,400  arpents.  There  have 
been  constructed  all  sorts  of  canals  and  roads,  forests  have  been  planted, 
and  the  soil  has  been  improved.  The  number  of  animals  in  1902  was  412 
cattle,  32  horses,  and  151  hogs.  The  receipts  have  amounted  to  172,325 
francs  and  the  expenses  78,699  francs,  and  the  net  profit,  therefore, 
93,626  francs.  There  have  been  placed  there  95  persons  sentenced  for 
six  months,  73  from  six  to  twelve  months,  20  from  twelve  to  twenty- 
four  months,  and  eight  for  more  than  two  years.  Besides  the  personnel 
of  the  management  39  employees  oversee  the  work  of  the  convicts,  which 
is  subject  to  severe  rules.  The  sanitary  condition  is  excellent,  and  no 
grave  illnesses  occur.  The  conduct  of  the  prisoners  is  irreproachable. 
During  one  year  there  were  inflicted  only  thirty  disciplinary  punishments. 
In  spite  of  that,  only  six  cases  of  escape  have  occurred.  The  forced  labor 
is  pursued  with  great  success,  both  moral  and  economic,  without  injuring 
free  labor.  The  penitentiary  is  a  model  for  moral  transformation  and 
for  preparation  for  a  free  life. 

In  Hungary  the  agricultural  work  of  prisoners  was  inaugurated  in 
1884.  The  first  experiment — the  largest — was  made  by  the  improvement 
of  marshy  lands  in  the  vicinity  of  the  penitentiary  of  Lipotvar,  where  the 
convicts  by  many  years'  hard  labor  have  given  to  cultivation  a  tract  of 
77  jochs  and  constructed  the  intermediate  establishment.  At  Szamosujvar 
the  convicts  are  used  in  the  Szamos  in  the  washing  of  wool.  The  138 
prisoners  who  in  1888  accomplished  the  straightening  of  the  Galga,  an 
affluent  of  the  Zagyva,  a  distance  of  65  kilometres,  also  did  a  great  work. 
During  these  tasks  the  convicts  showed  exemplary  conduct.  Besides, 
in  thirty  prisons  they  did  work  of  construction,  in  building  roads,  in  horti- 
culture, viniculture,  agriculture,  and  the  construction  of  dikes.  The 
penitentiary  in  Vacz  inaugurated  the  first  work  in  the  open  air.  Since 
1884,  from  23  to  40  convicts  have  been  engaged  there  in  horticultural 
work  on  22  jochs  of  rented  land.  Very  important  also  is  the  inter- 
mediate institute  of  Kis-Harta,  where  the  convicts  are  mostly  employed 

8 


ill  agricultural  work.  The  convicts  of  the  penitentiary  who  are  dis- 
tinguished for  good  conduct  are  placed  there,  that  arrangement  being  a 
favor  to  them,  and  because  of  that  they  do  their  work  with  pleasure.  By 
good  conduct  conditional  release  is  obtained.  The  property  of  the  insti- 
tute measures  293.4  jochs,  of  which  266.8  are  fields  where  labor  may  be 
expended.  In  this  region  agricultural  labor  is  very  remunerative.  Enough 
work  is  found  for  the  winter  months. 

Let  us  now  pass  to  the  prison  of  Satoralja-Ujhely,  where,  under  the 
direction  of  Dr.  Somossy  Andras,  royal  procurator,  a  work  crowned  with 
great  success  has  been  accomplished.  The  vineyard  of  Satoralja-Ujhely  is 
the  extension  of  the  renowned  vineyard  land  of  Hegyalja,  which  was 
destroyed  by  the  phylloxera.  This  is  a  real  and  new  national  conquest 
that  had  become  necessary.  In  this  prison  the  inmates  are  intrusted  to 
the  cultivators  of  the  vines  in  groups  of  eight  to  "twelve  persons,  who 
always  pass  the  night  in  the  prison.  The  pay  is  from  80  heller  to  a  crown 
per  day  for  each  of  these  convicts.  For  this  work  the  prisoners  are 
chosen  without  regard  to  the  length  of  their  sentences,  only  their  physical 
strength  being  considered ;  however,  prisoners  sentenced  for  less  than 
five  years  do  not  work  in  the  open  air.  In  1903,  229  convicts  worked 
in  the  vineyard  under  the  oversight  of  25  guards.  The  guards  were  also 
skilled  vine-dressers,  and  they  aided  in  the  care  of  the  vines  in  case  of 
need.  Each  group  is  a  corporation  with  common  interests,  says  Somossy, 
each  member  of  which  must,  under  penalty  of  disciplinary  punishment, 
oversee  the  others.  A  result  of  this  method  is  that  in  the  last  two  years 
only  four  cases  of  escape  have  occurred,  and  three  of  the  fugitives  were 
taken  by  the  convicts  themselves.  In  general  their  conduct  is  excellent. 
They  work  with  pleasure,  because  they  carry  with  them  on  leaving  the 
prison  a  considerable  sum,  considering  that  they  spend  the  greater  part 
of  their  wages  for  better  food.  During  the  last  two  years  disciplinary 
punishment  has  been  inflicted  in  only  two  cases,  and  that  for  smoking. 

Because  the  institute  gives  the  most  attention  to  the  moral  ameliora- 
tion of  the  convicts,  which  it  truly  accomplishes,  we  should  not  ignore 
the  material  profit  obtained ;  for  not  only  do  individuals  profit  by  the 
good  work  of  the  prisoners,  but  the  treasury  also  has  a  profit,  proved  by 
the  fact  that  in  1903  there  was  realized  a  net  profit  of  13,332.34  crowns 
for  that  work,  which  is  poorly  paid.  The  prisoners  are  completely 
separated  from  the  free  laborers,  and  the  management  enforces  rigorous 

9 


rules.  In  Hungary  they  have  already  commenced  to  introduce  the  new 
system,  and  since  all  the  essential  conditions  of  its  introduction  are 
present,  the  time  is  approaching  when  the  penal  agricultural  colony  will 
become  one  of  the  valued  means  of  great  national  enterprises. 

Ill 

The  question  presented  for  investigation,  "On  what  principles  and 
under  what  conditions  should  the  employment  of  prisoners  in  field-work 
or  other  work  in  the  open  air  be  sanctioned  and  carried  on?"  has  con- 
ducted us  in  the  preceding  part  of  our  report  to  very  valuable  principles 
and  devices  for  practice.  I  desire  for  my  part  to  extend  my  observations. 
Experience  proves  that  an  idle  life  is  the  principal  source  of  recidivism. 
In  order,  therefore,  that  they  should  be  able  to  support  themselves  in 
free  life  by  honest  labor,  the  prisoners  sent  to  the  penitentiary  should 
be  restricted  to  one  occupation,  adapted  to  their  life  outside  and  to  their 
ability,  and  in  them  should  be  awakened  love  of  toil,  so  that  they  may 
be  convinced  that  toil  rewarded  is  better  for  them  than  idleness.  It  is 
true  that  the  prisoner  shut  up  in  his  cell  can  easily  reflect  upon  the  horrible 
consequences  of  his  crime,  and  meditate  upon  the  grave  struggles  of  his 
mind,  and  upon  the  admonitions  and  instructions  of  the  authorities  and 
philanthropists  appointed  to  lead  him  to  repentance  and  to  bring  about  a 
moral  metamorphosis.  He  is  made  to  do  much  useful  industrial  labor. 
But  the  cell  exercises  such  a  depressing  effect  upon  the  habitual  criminal 
that  he  flees  from  it,  often  at  the  price  of  suicide.  In  spite  of  that,  it  is 
asked  whether  imprisonment  is  the  only  method  of  punishment  for  pro- 
tecting society,  taking  into  account  the  social  connections  and  vital  interests 
of  the  prisoners.  Oh,  no!  For,  leaving  out  of  account  the  extraordi- 
narily large  cost  which  the  system  of  imprisonment  imposes  upon  the 
taxpayers,  it  exercises  in  many  cases  an  unfavorable  influence  upon  the 
criminal  himself,  who  cannot  acquire  in  the  cellular  prison,  in  any  one 
branch  of  work,  a  skill  which  will  make  success  in  free  life  easy.  Since 
one  can  use  in  the  cell  only  few  kinds  of  work  which  are  exclusively 
industrial,  one  should  use  other  means  of  labor.  And  there  we  touch 
the  cardinal  point  of  our  question.  Since  in  most  countries  at  least  5° 
per  cent.,  and  in  our  own  two-thirds,  of  the  criminals  belong  to  the 
agricultural  class,  and  since  agriculture,  on  account  of  the  emigration  to 
the  large  cities,  suffers  from  lack  of  help,  and  considering  that  to  cause 


the  prisoners  to  learn  a  trade  would  increase  the  number  of  proletarians, 
physically  disabled,  the  factories  and  villages  already  having  enough  of 
industrial  workmen,  it  will  be  very  much  better  to  use  the  prisoners 
belonging  to  the  agricultural  class  in  agricultural  work  and  in  the  improve- 
ment of  the  soil,  this  work  corresponding  better  to  their  kind  of  life. 
Hence,  because  of  their  age  and  the  expense  that  would  lesult,  it  would 
not  be  advantageous  to  make  the  prisoners  acquainted  only  with  indus- 
tries. It  is  true  that  the  wages  of  the  agricultural  laborer  are  less  than 
those  of  the  industrial  laborer;  but  since  the  former  is  considered  to 
belong  to  the  family,  and  enjoys  the  simple  life  of  the  country,  he  is  less 
exposed  to  temptations,  and,  besides,  he  can  work  in  all  the  seasons. 
He  succeeds  more  easily  than  the  industrial  laborer,  the  latter  having 
greater  expense  and  being  more  accustomed  also  to  spending  money. 

But  what  should  distinguish  or  characterize  all  penitentiary  labor  is 
that  it  should  be  as  far  as  possible  remunerative,  without  bringing  injury 
to  free  labor.  Recently  a  strong  movement  has  been  started  by  the  gov- 
ernment to  provide  the  equipment  and  clothing  of  the  army,  first  of  all 
by  our  industrials ;  for  if  these  articles  were  furnished  principally  by  the 
prisoners,  it  would  result  in  greater  danger  for  the  industrials.  It  is 
quite  otherwise  with  agriculture  and  the  great  national  works  of  public 
utility.  We  have  already  seen  that  the  prisoners  have  accomplished  a 
regenerative  work  upon  a  considerable  portion  of  ground  devastated  by 
the  phylloxera;  and  that  work  has  a  permanent  character,  because  vini- 
culture is  perpetual,  and  it  will  assume  increasing  proportions.  But  we 
cannot  limit  ourselves  to  that,  for  Hungary  has  99,881  jochs  of  sterile 
lands,  and  it  is  of  prime  economic  importance  to  bring  them  into  cultiva- 
tion. The  perseverance  and  physical  strength  of  the  convicts  transform 
the  bad  land  into  fertile  fields,  and  cover  the  naked  and  miserable  mount- 
ains with  rich  forests. 

But  that  work  should  be  begun,  in  the  first  place,  in  the  interest  of 
the  public  welfare ;  then  in  the  interest  of  the  convicts  who,  changed  from 
the  life  of  idleness  and  leaving  their  immoral  life,  will  be  the  heroes  of 
the  task  and  of  the  enrichment  of  the  people.  It  is  a  fact  that  these  great 
enterprises  cannot  be  accomplished  by  offering  large  wages;  but  the 
systematic  and  persevering  efforts  of  the  "moving  penitentiary"  sur- 
mount all  obstacles.  The  penologists  are  today  absolutely  convinced  of 
the  utility  of  that  work  for  prisoners  both  from  the  physical  and  from 

ii 


the  moral  points  of  view.  The  naked,  anaemic,  demoralized  tramp 
becomes  an  able  workman  whose  external  appearance  speaks  in  his  favor ; 
the  incorrigible  drunkard  will  be  regenerated  body  and  mind  by  healthy 
living  and  by  water.  That  regenerative  process  is  not  the  work  of  a 
month,  but  often  of  several  years ;  and  that  is  why  I  said  that  the  treat- 
ment of  criminals  that  is  crowned  with  success  in  case  of  short  sentences 
is  possible  only  in  the  cells  of  penitentiaries. 

Agricultural  work  is  not  absolutely  suspended  during  the  winter 
months.  Thus,  for  example,  the  work  in  the  vineyards  is  continued  from 
February  to  November,  and  the  other  months  can  be  used  for  other  work 
(basket-making,  care  of  grapes,  etc.).  Agricultural  work  itself  has 
winter  work  (the  hauling  of  manure,  ditching,  the  milking  of  cows,  the 
feeding  of  cattle,  the  manufacture  of  alcohol,  etc.). 

It  is  at  present  a  great  question  to  know  with  what  class  of  criminals 
one  should  use  this  system.  In  the  first  place,  with  those  criminals  who 
belong  to  the  agricultural  class.  But  classification  plays  a  great  part  even 
here,  because  incorrigible  persons,  without  law  or  restraint,  dangerous, 
and  sentenced  for  more  than  ten  years,  should  be  excluded.  That  sort  of 
punishment  should  be  applied,  in  the  first  place,  to  persons  sentenced 
for  as  much  as  five  years  and  belonging  to  the  agricultural  class.  The 
true  penologists  will  never  stop  at  the  number  of  years,  but  will  rather 
take  as  the  basis  of  their  choice  the  character,  the  degree  of  reliability  of 
the  person,  and  not  the  criminal  action  as  such.  On  that  basis  choice  is 
made  of  the  persons  in  the  central  houses  who  can  be  used  with  success 
in  agricultural  work.  Since  the  penal  agricultural  colony  is  in  the  first 
place  a  penitentiary,  and  the  work  should  be  directed  toward  an  essentially 
educative  purpose,  mdividualization  plays  a  very  important  part. 

It  is  not  true  that  one  comes  to  know  the  individual  intimately  only 
in  the  cell ;  on  the  contrary,  one  can  know  a  man  truly  only  in  the  course 
of  his  work  in  the  open  air,  because,  not  being  conscious  of  being  con- 
fined as  in  the  cell,  he  discloses  involuntarily  his  individuality. 

After  one  has  chosen  his  men,  it  is  necessary,  from  the  point  of  view 
of  correction,  to  make  a  new  classification.  First  of  all,  the  prisoners 
should  be  confined  during  their  free  time  and  for  the  night,  each  in  a 
separate  cell,  and  the  hardened  criminals  should  be  removed  from  those 
who  have  just  entered  the  path  of  crime  or  delinquency.  In  that  manner 
we  prevent  the  criminals  from  corrupting  each  other,  which  is  an  extremely 
important  point. 

12 


Besides  this,  three  classes  should  be  organized.  In  that  regard  the 
palm  goes  to  the  Americans,  who  have  reached  perfection  in  exact  classi- 
fication. In  the  first  class  are  ranked  all  the  criminals  after  their  sentence. 
It  is  there  that  the  greatest  severity  must  be  applied.  Cellular  imprison- 
ment during  idle  time  and  during  the  night  is  one  of  the  best  means. 
After  the  expiration  of  the  first  half  of  the  sentence,  those  who  merit  it 
are  ranked  in  the  second  class,  in  which  the  advantages  are  very  great. 
They  can  work  from  time  to  time  under. an  overseer  and  occupy  eventually 
places  of  trust  (in  the  kitchen,  in  the  stable,  etc.).  But  I  contend  for  the 
cellular  imprisonment  even  here  to  the  very  end,  in  order  that  the  prisoner 
may  feel  the  severity  of  punishment.  In  the  third  class  are  ranked  those 
who  are  already  capable  of  doing  work  equal  to  that  of  free  laborers,  and 
under  the  sole  control  of  one  or  two  guards.  In  this  class  better  food 
and  greater  liberty  of  speech  will  be  accorded  to  the  prisoner,  who 
descends  into  the  first  class  only  in  case  of  bad  conduct  or  of  idleness, 
but  without  hope  of  coming  to  a  class  or  of  counting  upon  a  reduction  of 
penalty.  But  if  his  conduct  is  irreproachable,  he  will  be  able  to  pass  from 
the  third  class,  after  the  expiration  of  two-thirds  of  the  sentence,  to  con- 
ditional liberty.  It  is  understood  that  the  final  condition  of  definite 
liberation  is  that  our  man  will  have  work  immediately;  in  the  contrary 
case,  the  process  of  correction  is  suspended.  Since  the  fundamental  idea, 
then,  that  we  praise,  is  not  "expiation"  in  its  modern  sense,  but  "educa- 
tion" of  citizens  to  be  useful  to  their  country,  one  should  try  to  make  the 
penitentiary  life  in  the  penal  agricultural  colony  sober,  and  to  cause  the 
rules  to  be  observed  rigorously;  and  if  the  prisoners  have  the  chance  of 
receiving  recompense,  we  shall  undertake  by  that  means  to  assure  in  a 
great  measure  the  moral  success  that  one  should  always  strive  for  in 
cellular  institutions. 

I  can  affirm,  then,  as  a  definite  conclusion,  that,  by  means  of  the  con- 
ditions described  above,  the  penal  agricultural  colony  is  an  institution 
fitted  to  transform  persons  belonging  to  a  dangerous  class  of  society  by 
ennobling  work,  as  well  as  by  good  example  and  by  the  severe  life  of  the 
penitentiary  so  that  they  will  form  useful  and  faithful  members  of  society. 
That  is  one  of  the  sure  means  of  protecting  it  against  great  dangers. 

May  society  set  itself  to  the  task ;  may  it  be  our  enthusiastic  ally ;  may 
it  do  the  work  that  we  cannot  accomplish ;  and  by  that  means  one  of  the 
most  urgent  social  questions  will  be  solved. 


REPORT  PRESENTED  BY  O.  KELLERHALS  * 

DIRECTOR  OF  THE  PENAL  AGRICULTURAL  COLONY  OF  WITZWIL,  BERN, 

SWITZERLAND 

[TRANSLATOR,  O.  F.  JORDAN] 

Work  in  the  open  air  presents  such  great  advantages  for  certain  kinds 
of  prisoners,  that  the  founding  of  penitentiary  colonies  should  be  greeted 


GENERAL  VIEW  OF  WITZWIL 

as  a  real  advance,  not  only  from  the  point  of  view  of  penal  administration, 
but  in  the  public  interest.  We  will  give  here,  as  an  example  of  these  insti- 
tutions, a  brief  description  of  the  establishment  of  Witzwil  whose  direction 
is  intrusted  to  me ;  but  we  shall  offer  in  advance  one  or  two  remarks. 

All  the  conditions  that  one  can  reasonably  demand  of  penitentiary 
work  can  be  realized  in  the  open  air  as  well  as  within  four  walls.  These 
conditions,  in  fact,  can  by  common  consent  be  stated  under  three  heads : 

I.  It  is  necessary  that  the  occupation  of  the  prisoner  be  made  to  con- 

1  The  illustrations  of  this  report  on  Witzwil  Colony  are  taken  from  Die  Domane  und 
Strafkolonie  Witzwil,  von  Otto  Kellerhals,  Verwaiter,  Bern;  K.  I.  Wysz,  1904. 


form  as  much  as  possible  to  his  capacities,  and  that  it  place  him  in  a 
condition  to  earn  his  living  more  easily  after  his  liberation. 

2.  It  is  necessary  that  the  work  of  the  prisoners  shall  be  useful  and 
productive,  and  that  it  exercise  their  muscular  strength  without  producing 
an  excess  of  fatigue ;  it  is  necessary  also  that  it  be  as  remunerative  as 
possible,  without  injury  to  free  labor. 

3.  The  occupations  of  the  prisoners  should  be  organized  in  a  way  to 
co-operate  with  the  educational  purpose  of  the  penalty. 


A  NEW  BARN  BUILT  BY  PRISONERS 

In  our  times,  when  all  those  who  are  occupied  with  penal  questions 
are  persuaded  that  the  great  majority  of  criminals  fall  much  less  by  their 
own  fault  than  by  reason  of  misery,  of  evil  example,  of  environment,  of 
their  social  conditions,  of  mental  aberrations,  etc.,  and  that  they  are  being 
constantly  forced  into  recidivism  in  spite  of  the  influences  to  the  contrary 
that  are  sought  to  be  brought  to  bear  on  them,  we  should  at  least  try 
to  make  the  penalty  endurable  to  these  creatures  so  entirely  worthy  of 
pity.  The  penitentiary  should,  consequently,  often  become  a  hospital,  and 
above  all  an  asylum  for  drunkards ;  for  we  must  seek  in  alcoholism  and 

15 


its  consequences,  in  the  majority  of  cases,  the  real  roots  of  crime.  Now, 
work  in  the  open  air,  in  connection  with  well-regulated  diet,  is  recognized 
as  the  best  means  of  curing  drunkards  and  debilitated  persons.  In  order 
that  his  treatment  may  be  efficacious,  it  is  necessary  that  the  prisoner  shall 
be  kept  long  enough  in  the  penitentiary  colony  to  bring  him  to  recognize 
for  himself  the  necessity  of  living  a  life  of  abstinence.  Many  of  the 
prisoners,  no  doubt,  will  never  come  to  that  point.  For  men  of  this  class 
it  would  be  best  to  retain  them  in  such  an  establishment  and  give  them 
there  a  sort  of  citizenship  and  a  certain  liberty  of  movement. 


THE  NUSSHOF  COLONY 

If  what  we  have  just  said  applies  principally  to  men  of  a  certain  age, 
having  rather  little  moral  energy,  it  is  not  less  true — and  we  insist  upon 
this  fact — that  the  penitentiary  colonies  possessing  an  extensive  agricul- 
tural and  industrial  equipment  are  as  perfectly  adapted  to  young  delin- 
quents as  to  all  young  people  who,  even  before  they  have  attained  their 
twentieth  year,  have  fallen  into  evil  by  debauchery,  sensuality,  laziness, 
and  idleness.  In  consideration  of  their  youth  they  are  sentenced  to  short 
terms.  Now,  it  is  very  rarely  the  case  that  they  have  learned  a  trade 
thoroughly,  and  their  detention  is  not  long  enough  to  give  them  a 
thorough  apprenticeship ;  they  become  so  useless  that  no  one  can  employ 
them.  But  what  is  to  be  done  with  these  young  people  in  a  closed  peni- 

16 


tentiary?  One  is  forced  to  teach  them  a  trade,  which,  probably,  as 
happens  very  often  to-day,  will  be  of  no  value  to  them  after  their  dis- 
charge. The  conditions  are  quite  otherwise  in  an  "establishment  in  the 
open  air,"  as  Dr.  Goos,  of  Copenhagen,  calls  ours.  Not  only  can  a  debili- 
tated young  man  recuperate  better  and  much  more  rapidly  than  in  the 
unhealthy  atmosphere  of  the  workshop,  but  he  can  there  acquire  in  less 
time  the  practical  knowledge  which  is  demanded  of  a  well-paid  workman. 
In  place  of  making  young  prisoners  serve  a  brief  and  insufficient  appren- 
ticeship to  some  trade,  there  is  assigned  to  them  the  management  of  the 
different  machines  in  use  in  the  great  sawmills,  the  installation  of  water 


FEEDING  OF  HORSES 

conduits,  telephones,  electric  lighting;  they  are  taught  to  use  threshing 
machines,  reapers,  steam  presses,  etc.  In  a  word,  they  are  given  many 
chances  to  prepare  for  their  future  career.  Those  who  desire  it  have 
opportunity  to  learn  how  to  milk,  care  for  animals,  drive  horses,  etc.  As 
all  must  aid  in  the  summer  harvesting,  each  one  can  thus  be  initiated  into 
field  work,  which  is  very  useful.  Agriculture  always  needs  labor,  and  a 
workman  of  good  will  is  sure  of  finding  a  way  of  earning  his  living. 
Agricultural  establishments  are  especially  helpful  to  those  prisoners  who, 
after  having  undergone  a  long  sentence,  approach  the  end  of  their  term. 
These  men  for  several  years  have  done  almost  mechanically  the  same 
labor,  have  become  at  length  real  machines,  and  they  cannot  take  from 
day  to  day  an  interest  in  the  demands  of  the  normal  free  life.  We  can- 

17 


not  do  better  than  to  reawaken  this  interest  in  them  and  prepare  them 
for  the  struggle  for  existence  which  awaits  them,  than  to  make  them  pass 
the  last  period  of  their  imprisonment  in  a  penal  agricultural  colony. 
Agricultural  work  more  than  any  other  occupation  makes  it  possible  to 
keep  an  eye  on  lazy  men.  They  are  placed  in  a  work  group,  and  nolens 
volens  they  must  keep  up  with  their  comrades.  That  is  why  the  agricul- 
tural colonies  are  a  horror  to  vagabonds  and  notorious  sluggards,  while 
the  good  workers  find  themselves  relatively  happy  there. 

In  the  second  place,  it  is  necessary  that  the  work  of  the  prisoners 
should  be  useful  and  productive  without  competing  with  free  labor,  and 


BRABANT  PLOW 

that  it  exercise  muscular  strength  without  injuring  the  health.  It  is 
agriculture  evidently  which  best  fulfils  these  conditions  and  it  would  be 
superfluous  to  prove  it.  The  ravages  of  tuberculosis,  found  in  certain 
prisons,  are  not  to  be  feared  in  the  agricultural  colonies.  On  the  con- 
trary, the  physician  at  Witzwil  remarks  that  the  condition  of  the  prison- 
ers affected  with  pulmonary  tuberculosis,  emphysema,  and  chronic  bron- 
chitis improves  perceptibly  during  their  long  stay  in  our  establishment. 
He  attributes  it  to  their  regular  life,  their  work  in  the  open,  and  the 
healthful  and  strengthening  food. 

Experience  has  demonstrated  besides  that  penitentiary  colonies  well 

18 


administered  may  not  only  dispense  with  state  subsidies,  but  can  even 
realize  profits  which  permit  them  to  increase  their  investment,  to  aid  the 
near  relatives  of  prisoners,  and  help  discharged  prisoners. 

Doubtless,  the  "establishments  in  the  open  air"  diminish  somewhat 
the  repressive,  intimidating  effect  which  the  penitentiary  exercises  upon 
prisoners.  But  that  effect  is  not  always  accomplished  in  greater  degree 
by  prison  cells,  whose  advocates  are  coming  to  demand  that  corporal 
punishment  should  be  restored,  and  that  laws  against  recidivism  should 
be  made  more  severe.  We  see  at  present  efforts  manifested  altogether 
opposed  to  these  repressive  tendencies.  We  succeed  better  in  improving 
men  by  education,  persuasion,  and  goodness,  than  by  fear  of  punishment, 
and  it  is  in  consideration  of  this  fact  that  we  seek  today  by  means  of 
occupation  in  the  open  air  to  make  apparent  to  the  prisoner  the  blessing 
of  work,  of  duty  conscientiously  performed.  He  never  fails  to  become 
interested  in  his  task  when  he  sees  the  products  of  his  own  labor  grown 
and  bearing  fruit.  He  learns  to  love  the  work  that  he  feared,  and  it  later 
becomes  a  daily  necessity  for  him.  He  does  not  feel  that  incessant  sur- 
veillance resting  upon  him  and  controlling  each  of  his  steps,  each  of  his 
movements,  and  repeating  to  him  continually,  "You  are  in  the  peni- 
tentiary." This  relative  freedom  that  he  enjoys  reconciles  him  with  his 
surroundings  and  with  his  fate. 

The  great  diversity  of  occupations  that  an  agricultural  penitentiary 
colony  offers  permits  the  director  to  treat  his  prisoners  as  individuals, 
to  punish  some  by  imposing  upon  them  a  disagreeable  and  difficult  task, 
and  to  reward  others  by  agreeable  work.  The  task  of  the  prisoners  can 
be  varied  each  day,  a  thing  almost  impossible  in  the  penitentiary  shops 
where  work  is  done  as  in  a  factory.  Educational  efforts,  which  should 
always  be  first  of  all  in  a  good  example,  differ  from  those  hitherto  in 
vogue.  It  is  necessary  to  have  a  numerous  staff  in  agricultural  work, 
but  the  overseers  should  work  like  the  prisoners,  setting  them  the  example 
of  courage  and  persistence,  and  during  the  harvesting,  when  work  is 
most  pressing,  all  the  officials,  including  the  director,  should  take  an 
active  part  in  the  work.  It  is  easier  to  win  the  confidence  of  the  prison- 
ers in  this  way  than  by  dealing  with  them  in  a  comfortable  office,  well 
heated  in  winter,  nice  and  cool  in  summer,  where  they  think  that  the 
director  has  no  idea  of  their  misery,  weariness,  and  toil. 

The  site  best  adapted  to  an  establishment  that  is  to  bring  together  such 

19 


dissimilar  elements  in  order  to  prevent  them  from  returning  to  their 
vices,  and  to  lead  them  into  an  honest  and  regular  life  by  means  of  work 
in  the  open  air,  is  a  large  uncultivated  tract  of  ground,  as  isolated  as 
possible.  The  ground  should  be  transformed  by  the  labor  of  the  prison- 
ers, and  by  more  and  more  intensive  cultivation  be  brought  to  the  point 
of  raising  garden  truck,  to  which  should  be  added  preparation  of  agri- 
cultural products  for  the  use  of  the  establishment.  The  construction  of 
buildings  and  the  fitting  up  of  all  the  appliances  and  conveniences  neces- 
sary to  the  colony  furnish  the  prisoners  the  means  of  learning  diverse^ and 


YOUNG  CATTLE  ON  THE  PASTURE 

useful  trades.     Such  a  property  assures  sufficient  work  for  a  great  num- 
ber of  men  for  a  long  period  of  years. 

In  order  to  show  our  conception  of  the  administration  of  a  penal 
agricultural  colony,  we  give  here  as  an  example  a  brief  description  of  the 
establishment  at  Witzwil,  which  actually  receives  four  kinds  of  prisoners : 

1.  Old  correctional  prisoners  and  criminals  of  the  Canton  of  Bern, 
whose  sentence  does  not  exceed  three  years  (an  exception  being  made  in 
the   case   of  those   who   are   suspected   of   attempts   at   escape,    notably 
strangers). 

2.  Residents   of   Bern   sentenced   by   a   military   tribunal   to   jail   or 
penitentiary,  if  the  period  of  their  detention  does  not  exceed  three  years. 


3.  Mendicants,  vagabonds,  and  idlers  sentenced  judicially  to  the  hou'se 
of  correction. 

4.  Finally,  pensioners  sent  by  the  other  cantons  for  crimes  or  misde- 
meanors similar  to  those  of  the  prisoners  enumerated  above. 

The  minimum  duration  of  the  sentence  is  two  months ;  the  number 
of  prisoners  varies  from  no  to  150;  we  can  have  transferred  into  a 
cellular  prison  the  men  who  do  not  submit  to  discipline  or  who  are 
dangerous,  like  those  who  undertake  to  escape.  The  escapes  are  rela- 
tively very  few,  tfiere  not  being  more  than  from  two  to  five  a  year — not 


HORSES  ON  THE  PASTURE 

counting  some  attempts  at  flight — and  those  escaping  are  almost  always 
brought  back  the  same  day.  The  surveillance  requires  without  doubt  a 
large  staff — we  have  on  the  average  two  guards  or  overseers  to  ten  to 
twelve  convicts — but  as  these  men  participate  in  the  common  labor,  the 
increase  of  expense  is  thus  offset. 

Each  new-comer,  on  his  entrance  to  the  establishment,  is  first  clothed, 
then  conducted  to  the  director,  who  seeks  to  become  acquainted  with  him 
by  conversing  with  him  about  his  past  life,  his  family,  his  circumstances, 
etc.  Then  he  is  placed  in  a  group  of  laborers,  with  which  he  commences 
the  following  morning  his  regular  work.  These  groups  are  composed  of 
from  ten  to  twelve  men  with  two  overseers.  After  having  worked  in  the 


21 


open  air  for  some  time,  the  new  prisoner,  if  his  conduct  has  been  good, 
can  choose  one  of  the  trades  that  are  employed  in  the  establishment ;  if 
he  desires,  he  can  also  enter  the  work  of  the  kitchen,  cleaning,  learn  to 
manage  machines,  and  be  set  at  one  of  the  occupations  mentioned  above, 
according  to  his  capability  and  according  to  the  needs  of  the  prison. 

The  prisoners  sleep  and  eat  separately  in  their  cells,  where  they  also 
pass  their  hours  of  leisure.  The  work  commences  at  half-past  five  in  the 
morning  in  summer  and  at  six  in  the  winter.  They  all  gather  in  the  morn- 
ing in  two  ranks  with  their  overseers  in  the  large  corridor  of  the  prison, 


THE  PRISON  BUILDINGS  ' 

where  they  receive  the  orders  for  the  day,  after  which  they  go  to  work.  In 
winter  they  work  by  artificial  light  in  the  prison,  or  in  the  barns,  until 
daylight.  At  nine  o'clock  and  at  four  o'clock  they  have  twenty  minutes' 
rest  to  eat  their  bread,  to  which  is  added,  when  the  work  is  hard,  milk, 
coffee,  tea,  or  lemonade.  At  half-past  eleven  they  return  for  dinner.  In 
passing  before  the  kitchen,  each  man  takes  his  dinner,  and  the  bread  for 
his  luncheon,  which  he  carries  into  his  cell  where  his  guard  shuts  him  in 
until  half -past  twelve.  After  having  returned  the  dish  to  the  kitchen,  all 
return  to  work.  Dinner  is  carried  to  those  who  work  in  the  fields,  very 
far  from  the  central  building.  The  prisoners  return  at  seven  o'clock  in^ 
the  summer  and  at  nightfall  in  winter;  after  having  eaten  supper,  they 


prepare  the  vegetables  necessary  for  the  morrow,  and  retire  to  their  cells 
for  the  night.  The  day  closes  at  seven  for  the  artisans  also,  as  well  as 
for  all  those  who  work  in  the  shops. 

The  food  is  distributed  as  follows:  the  men  have  coffee  in  the  morn- 
ing with  bread  and  potatoes ;  at  noon,  soup,  either  with  pie  and  salad, 
or  with  vegetables,  to  which  meat  is  added  twice  a  week ;  in  the  evening 
they  have  soup  again,  and  from  time  to  time  fresh  fruit,  according  to  the 
provisions  on  hand;  they  are  also  given  fruit  as  dessert  on  Sunday  for 
dinner.  The  daily  ration  of  bread  is  from  700  to  850  gr.  of  bread  per 
man ;  each  receives  soup,  coffee,  vegetables,  etc.,  at  discretion. 

Each  Saturday  there  are  distributee!  to  the  prisoners  books  and  inter- 
esting and  instructive  journals  for  their  leisure  on  Sunday,  and  they  are 
given  the  letters  that  have  come  for  them  during  the  week.  They  are 
permitted  to  receive  visits  and  write  letters  once  a  month.  Divine  serv- 
ice is  held  every  fortnight. 

The  pastor  of  the  establishment  makes  each  prisoner  a  weekly  visit, 
and  seeks  to  exercise  upon  all  a  salutary  influence  by  edifying  personal 
talks.  The  cantonal  inspector  also  has  conversation  with  each  prisoner 
at  the  time  .of  leaving  the  colony.  The  school  of  the  prison  is  designed 
for  minors,  and  these  especially  must  register  there.  The  instruction, 
which  principally  covers  the  languages,  is  given  each  evening  in  the 
winter;  on  Sunday  singing  replaces  it. 

The  prisoners  are  allowed  as  much  as  two  frames  a  month  allowance ; 
further,  each  receives  at  his  departure  enough  money  for  his  journey  (not 
farther  than  the  Swiss  frontier),  and  his  clothes  in  good  order,  and  there 
are  furnished  to  him  in  every  case  such  things  as  he  needs.  Besides,  if 
the  prisoners  have  left  their  families  in  misery,  the  establishment  comes 
to  their  aid. 

The  discharged  prisoners  who  have  been  well  behaved  can  obtain 
remunerative  employment  in  one  of  the  colonies  of  the  estate,  until  they 
have  found  a  place  outside.  Some  who  are  particularly  well  qualified, 
rise  in  time  to  fill  places  as  overseer  or  foreman ;  if  they  are  married, 
they  are  given  lodging  in  the  colony  where  they  live  with  their  family. 

We  always  have,  in  our  staff  of  overseers,  some  former  prisoners, 
and  we  have  never  yet  had  any  troublesome  experiences  with  them. 


THE  WITZWIL  COLONY 

(Of   Bern,    Switzerland) 

PREPARED  BY  V.  V.  PHELPS,  FROM  A  REPORT  OF  THE  COLONY  IN  1904,  "DIE 
DOMANE  UND  STRAFKOLONIE  WITZWIL/'  BY  THE  SUPERINTENDENT, 
OTTO  KELLERHALS. 

The  situation  and  plant. — The  colony  is  located  on  land  that  before  development 
was  a  wide  marsh,  and  it  as  well  as  the  neighboring  land  was  subjected  frequently 


NOON  REST  OF  ROAD  WORKERS  IN  THE  GRAVEL  PITS 

to  very  dangerous  floods.  Various  plans  to  improve  the  land  had  been  proposed, 
and  some  inaugurated  by  an  agricultural  association  that  was  forced  to  se  1  out  in 
1879.  Finally,  the  government  of  the  canton  of  Bern  decided  upon  the  spot  for  its 
prison  colony,  and  bought  the  land  in  1891.  It  includes  a  single  tract  of  land  of 
about  2,000  acres  (800  hectares).  The  land  has  been  immensely  improved  during 
the  past  fifteen  years,  and  with  no  extra  expense  to  the  state. 

The  land  offers  itself  easily  to  cultivation,  and  no  pains  are  spared  to  increase 

24 


the  fertility  and  productiveness  of  the  soil  by  governmental  inspection  of  samples, 
etc.  The  land  lies  in  a  mild  climate,  436  meters  above  the  sea.  Long-sustained 
frosts  are  rare,  so  that  during  almost  the  entire  year  the  soil  can  be  plowed.  The 
mean  temperature  is  9.2°  C,  and  the  average  precipitation  about  950  mm.  The 
property  is  bounded  on  the  southwest  by  Lake  Neuenburg  and  the  navigable  Brage 
Canal.  Two  good  country  roads  pass  through  the  greater  part  of  the  colony.  At 
the  edge  of  the  domain,  three  kilometers  distant  from  the  chief  building,  are  two 
railroad  stations.  The  chief  buildings  are — 

I.  The  Linderhof  or  central  colony,  wherein  are  found 

i)  The  superintendent's  dwelling,  post-office,  and  central  telephone. 


PRISONERS  WORKING  A  ROAD 

2)  The  massive  prison  building,  with  offices,  100  individual  sleeping  cells,  cells 
for  punishment,   prison   school,   church,   sick-rooms,  bakery,   workshop   for   tailors, 
shoemakers,  saddle  makers,  and  bookbinders,  and  workrooms  where  the  prisoners 
are  occupied  in  bad  weather  with  straw  work  and  broom-making;  living  and  sleep- 
ing rooms  for  the  officials,  and  storerooms  and  cellars. 

3)  Dwelling-house    with    bakery,    washroom,    ironing- room,    and    rooms    for 
officials. 

4)  Workshop     for    iron-    and    wood-workers,    supplied    with    the    necessary 
machinery. 

5)  Stable  for  270  cattle,  30  horses,  and  150  hogs,  as  well  as  shelter  for  the 
necessary  fodder,  and  and  dwellings  for  families  of  some  helpers  and  the  supervisor. 

6)  Machine-shop  and  storehouse. 
II.  The  Nusshof  colony. 

i)  Two  dwelling-houses  for  the  manager  with  his  family  and  help. 

25 


2)  Rooms  to  accommodate  those  who  have  been  released  but  ask  for  admission 
when  out  of  work. 

3)  Stables  for  cattle,  two  barns  for  hay  and  grain,  and  cellar  space. 

The  Eschenhof,  Birkenhof,  and  Neuhoff  colonies  are  all  supplied  with  dwelling- 
houses,  barns,  etc. 

4)  Dairy  at  Gampelen,  with  a  capacity  of  1,400  litres  of  milk  daily,  to  be  worked 
into  cheese. 

5)  Buildings,  barns,  sheds,  are  scattered  all  over  the  estate.     The  fire  insur- 
ance upon  all  of  these  buildings  is  $156,200. 

The  principal  farms  have  their  water  supply,  electric-light  and  electric-power 
works,  and  are  connected  by  telephone. 

The  capacity  of  the  prison  is  no  to  150.  There  are  other  prisons  for  the  worst 
class  of  offenders,  and  other  workhouses  in  Bern.  On  such  a  large  estate,  with  so 
many  agricultural  operations,  all  available  help  is  needed  in  the  summer  months, 
and  most  of  the  soil  is  worked  by  free  labor.  Outside  of  the  harvest  season,  two- 
thirds  of  all  the  prisoners  are  engaged  in  agriculture. 

There  is  room  for  40  or  50  officers  and  the  families  of  four  or  six  helpers  in 
the  colony. 

Cost. — The  land  upon  which  the  colony  is  located,  with  improvements  that  had 
been  made  up  to  the  time  of  purchase — including  4  dwellings,  6  barns,  4  sheds,  and 
a  schoolhouse,  with  a  stock  inventoried  at  $11,000 — cost  $148,552.  By  the  end  of 
1903  the  inventory  had  risen  to  $86,924.55,  and  the  estimate  upon  the  buildings 
alone  had  increased  to  more  than  the  purchase  price  of  the  entire  estate,  as  is 
shown  by  the  amount  of  insurance  carried.  Besides  these  new  buildings  and 
improvements,  the  land  has  risen  very  considerably  in  value  because  of  drainage  and 
cultivation,  the  expense  in  recent  years  upon  these  items  amounting  to  $10,000 
or  $14,000.  All  these  improvements,  by  which  the  entire  estate  has  so  much 
increased  in  value,  have  cost  the  government  nothing. 

Income  from  products. — The  value  of  the  stock  upon  the  farm  at  the  end  of 
1903  was  $35,526,  and  the  net  profits  from  agriculture  were  $19,326.  Not  only  are 
all  the  needs  of  the  institution  met,  but  it  is  able  to  put  some  of  its  produce  upon 
the  market,  although  avoiding  any  competition  with  free  labor. 

Plans  for  extension. — Some  of  the  characteristic  projects  of  the  colony  are: 
(i)  Drainage  and  reclamation  of  waste  land;  (2)  Extension  of  fruit  culture; 
(3)  Utilization  of  city  garbage  for  fertilization;  (4)  All  of  these  with  the  aim 
of  increasing  efficiency  in  remaking  men. 


26 


REPORT  PRESENTED  BY  M.  LAGUESSE 

DIRECTOR    OF    THE    CENTRAL    HOUSE,    AND    OF    THE   PENITENTIARY    IN    THE 

CIRCONSCRIPTION  OF  POISSY   (SEINE-ET-OISE),  FRANCE 

[TRANSLATOR,  O.  F.  JORDAN] 

General  complaint  is  made  of  the  lack  of  laborers  for  farm  work 
because  of  the  continual  exodus  of  the  rural  population  to  the  towns. 
To  the  causes  already  well  known — the  roughness  of  life  in  the  country, 
the  small  money  recompense  that  labor  receives,  a  taste  for  the  city  con- 
tracted in  military  service  in  attractive  garrisons — may  be  added  as  an 
important  consideration  the  fact  that  men  from  the  country  who  are 
sentenced  by  the  courts  are  transformed  at  their  release  into  city  dwellers. 

It  is  important,  on  the  contrary,  that  the  prisoner  of  rural  origin  return 
to  his  agricultural  occupation,  and  it  is  fitting  that  he  should  be  trained 
in  his  calling  during  his  detention,  for  the  sake  of  his  moral  welfare,  his 
health,  and  his  future. 

To  take  a  farmer,  a  vine-dresser,  or  a  woodsman  and  confine  him 
within  four  walls,  with  plenty  of  food,  easy  and  agreeable  work  suitably 
remunerated — to  allow  him  ten  hours  of  sleep  and  to  shelter  him  from 
bad  weather,  is  to  give  him  a  situation  preferable  to  that  which  he 
occupies  outside;  it  is  to  pervert  the  idea  of  punishment  for  the  offense 
which  he  has  committed  and  to  determine  him  not  to  go  back  to  the  life 
of  toil  and  economy  that  he  followed  from  his  infancy  before  his 
imprisonment. 

To  transport  him  abruptly  from  the  free  air  to  the  confined  atmos- 
phere of  the  cell  or  the  thronged  factory  is  to  start  him  on  the  road  to 
anemia  and  tuberculosis.  It  is  to  take  the  responsibility  of  removing  a 
strong  unit  from  national  production,  and  of  transforming  it  into  a  social 
parasite  destined  to  die  in  prison  or  in  hospital. 

Starting  from  this  statement  of  things  one  comes  to  long  for  the 
establishment  of  works  in  the  open  air.  It  is  not  absolutely  necessary  to 
put  people  in  a  cage  in  order  to  restrict  liberty.  Of  course,  the  high 
wall,  preventing  contact  with  the  outside  world,  appears  to  be  an  aggra- 

27 


vated  punishment.  If  we  examine  the  question  a  little  closer,  we  come 
to  discover  the  mistaken  view  usually  entertained  by  us  in  regard  to 
the  reality  of  that  isolation.  All  sorts  of  noises,  smothered  it  is  true, 
echo  in  the  prisons.  New  inmates  bring  tidings  from  the  world,  in  spite 
of  the  law  of  silence;  the  guards  are  careless  in  conversation  with  their 
fellows  and  are  heard  by  the  prisoners ;  the  free  overseers,  less  influenced 
by  discipline,  chat  with  their  workmen,  and  our  long  personal  experience 
permits  us  to  affirm  that  the  liberated  prisoners,  even  after  many  years  of 
imprisonment,  are  not  ignorant  of  contemporary  life  on  their  return  to 
society.  Do  not  the  barracks,  the  great  shops,  the  vast  factories,  and  the 
administrative  bureaus  hold  temporary  prisoners?  In  the  hours  of 
employment  are  not  these  employees  and  these  workmen  separated  from 
each  other  and  from  their  home  by  the  necessity  of  winning  daily  bread  ? 
Now,  the  barracks  are  more  severe  than  the  factory,  which  is  harder  than 
the  store,  and  that  in  turn  more  exacting  than  the  office. 

Why  would  it  be  impossible  to  intensify  that  discipline,  to  give  it  a 
frankly  repressive  character  in  applying  it  to  prisoners  of  rural  origin 
who  are  organized  in  the  day  for  work  in  the  open  air,  and  separated  at 
night  in  a  safe  enclosure  or  prison?  We  could  immediately  attach  to  our 
large  penal  establishments  work  in  the  vast  fields  which  often  lie  near 
our  prisons.  In  the  cultivation  of  table  vegetables,  for  example,  would 
be  found  a  valuable  therapeutic  agency  to  complete  the  recovery  from 
disease  before  the  return  to  the  shop,  or  to  restore  life  to  those  suffering 
from  anemia,  scrofula,  or  tuberculosis,  contracted  by  confinement  in 
ceUs  or  common  halls.  The  flowers,  fruits,  and  vegetables  cultivated  in 
the  gardens  would  decrease  the  expense  of.  subsistence. 

But  special  thought  should  be  bestowed  on  the  problem  of  creating 
numerous  agricultural  establishments  with  the  object  of  recruiting  prison- 
ers without  profession  or  prisoners  of  rural  origin.  Certain  experiments 
in  this  direction  have  already  been  tried.  In  France,  the  adult  prisoners 
of  the  central  prison  of  Fontevrault  have  cleared  and  prepared  the  domain 
of  Bellevue,  an  annex  of  the  colony  of  penitentiary  education  of  St. 
Hilaire  (Vienne).  Those  of  the  central  prison  of  Clairvaux  have  for 
many  years  carried  on  the  cutting  of  timber  in  the  forests  adjoining  the 
establishment.  Finally,  the  prisoners  of  the  central  prison  of  Beaulieu 
are  completing  at  this  very  time  the  building  of  a  prison  containing  250 
cells,  in  the  open  country.  The  island  of  Corsica  contains  agricultural 

28 


penitentiaries  where  prisoners  of  continental  origin  with  long  sentences 
are  confined. 

We  have  been  for  nearly  ten  years,  during  three  periods,  in  that 
service,  and  since  we  were  charged  with  the  direction  of  the  penitentiary 
of  Chiavari,  with  an  area  of  nearly  2,500  hectares,  we  have  supervised  the 
establishment  of  the  farm  of  Graticella,  more  than  six  kilometers  dis- 
tant from  the  principal  establishment.  To  prevent  the  fatigue  to  the 
prisoners  from  daily  going  back  and  forth,  we  adopted  the  expedient  of 
lodging  them  in  a  tent  on  the  seashore,  as  in  the  case  of  military  camps. 
Only  three  guards  were  employed  in  overseeing  the  prisoners,  and  at 
night  a  patrol  duty.  This  state  of  things  lasted  for  more  than  a  year, 
when  it  came  to  an  end.  The  conduct  of  the  prisoners  was  excellent, 
and  the  originality  of  their  situation  kept  them  obedient,  because  they 
enjoyed  a  relative  liberty  which  they  feared  to  lose  by  misconduct.  We 
noticed  then  that  the  penitentiary  seclusion  sours  the  prisoners  because  of 
the  nervous  depression  that  it  causes.  In  the  central  prison  of  Melun 
I  have  known  the  worst  subjects  to  become  docile  and  tractable  when 
once  employed  in  the  penitentiaries  of  Corsica.  With  regard  to  most  of 
the  men,  I  recall  the  evil  conduct  in  the  central  prison  and  on  the  other 
hand  their  good  conduct  in  the  agricultural  prison.  Most  of  them 
declared  to  me  that  confinement  in  the  shop,  the  absence  of  fresh  air, 
brought  on  a  state  of  irritability  that  they  could  not  overcome. 

Besides  the  moral  and  physical  benefit  that  the  prisoners  would  find 
in  their  classification  in  the  outside  or  agricultural  establishments,  is 
there  need  of  repeating  what  a  magnificent  programme  of  public  works 
could  be  executed  for  the  advantage  of  the  nation?  What  country  does 
not  need  to  confine  its  rapids;  to  render  marshes  healthy  by  filling  them 
up ;  to  plant  forests  upon  its  mountain  sides ;  to  clear  the  land ;  to  reclaim 
territory  by  the  sea  and  the  rivers ;  to  dig  canals ;  to  make  roads ;  to 
build  railroads ;  and  then  to  maintain  these  fruitful  results  ? 

I  believe  that  it  is  best  to  assign  certain  classes  of  criminals  to  these 
great  undertakings,  and  particularly  those  with  long- terms,  and  to  aban- 
don the  idea  of  fixed  agricultural  penitentiaries.  It  is  proposed  to  create 
a  legion  of  advance  guard  pioneers  for  works  of  central  utility,  trained 
for  the  technical  features,  under  the  control  of  the  Department  interested. 
From  the  moral  point  of  view,  the  prisoner  by  his  sojourn  in  half-free 
surroundings  will  not  have  around  him  the  deplorable  customs  of  the 


prison.  If  he  works  in  the  vicinity  of  any  company  of  people  either 
urban  or  rural,  the  sight  of  honest  people,  the  chance  resemblance  to 
some  child  of  his  own,  a  glimpse  of  a  family  scene,  will  perhaps  bring  a 
more  bitter  remorse  to  life  in  his  heart  and  a  sincere  desire  to  redeem  the 
past.  In  the  evening,  in  returning  into  the  court  surrounding  the  prison, 
he  will  find  the  appearance  of  discipline  more  severe,  he  will  not  become 
accustomed  to  it  by  a  long  stay,  and  will  preserve  for  a  longer  time*  the 
horror  of  such  surroundings. 

A  legal  arrangement  should  be  made  to  punish  severely  both  the  attempt 
to  escape  and  the  successful  attempt ;  if  it  is  aided  by  persons  outside,  the 
penalty  should  equal  that  inflicted  on  the  fugitives.  Habitual  bad  con- 
duct and  idleness  should  result  in  the  guilty  convict  being  sent  from  the 
outside  establishments  to  an  establishment  for  close  confinement. 


REPORT  PRESENTED  BY  M.  JULES  VEILLER 

DIRECTOR   OF  THE   CELLULAR   HOUSE  OF  CORRECTION   OF   FRESNES,   SEINE 

[TRANSLATOR,  E.  H.  SUTHERLAND] 

The  Third  International  Prison  Congress,  held  at  Rome  in  1885, 
recognized  in  the  following  words  the  benefit  of  work  in  the  open  air : 

The  establishment  of  out-door  work  for  those  condemned  to  punishment  of 
some  duration  can  be  recommended  in  certain  countries  and  in  certain  societies. 
This  work  should  not  be  considered  as  irreconcilable  with  the  penitentiary  systems 
which  are  in  use  in  the  different  countries. 

Thus  we  have  an  extensive  and  practical  formula  which  does  not 
pretend  to  furnish  a  statement  of  absolute  and  systematic  theories,  but 
which,  on  the  contrary,  opens  the  door  to  experimental  researches,  makes 
it  possible  to  continue  the  individualization  of  punishment  and  makes  the 
penalty  aid  the  restoration  to  society  of  the  released  convicts.  Every 
scheme,  indeed,  which  does  not  take  into  consideration  those  convicts  who 
have  been  released,  ought  to  be  judged  to  be  altogether  incomplete. 
Now,  one  of  the  most  effective  means  of  aiding  these  persons  consists  in 
training  them  in  their  profession  during  the  course  of  their  punish- 
ment, or,  if  they  have  no  profession,  in  giving  them  one,  of  which  they 
can  easily  make  use,  when  they  return  to  liberty.  With  this  in  view, 
many  judicious  persons  think  it  is  very  necessary  that  the  prisoners 
who  are  released  should  be  assigned  to  labor  hi  the  open  air  (field-work 
and  public  work).  Those  who  are  released  will  find  here  another  great 
advantage  in  the  fact  that  they  can  more  easily  devote  themselves  to  this 
kind  of  work,  since  it  is  less  crowded  than  the  industries  of  manu- 
facture. In  some  cases  they  will  strengthen,  or  entirely  recover  their 
health,  which  is  as  indispensable  as  the  best  resolutions  for  their  reforma- 
tion. Open-air  work,  with  a  judicious  separation  into  classes,  appears  to 
aid  the  reformatory  efforts  and  should  facilitate  a  return  to  a  good  life 
for  a  great  many  of  those  released,  especially  those  of  rural  origin. 

In  France  the  penitentiary  system  is  founded  on  the  cellular  system 
for  those  who  are  on  trial  and  for  those  who  are  sentenced  to  prison  for 

31 


a  period  less  than  one  year  and  a  day ;  on  the  "Auburn"  system  for  those 
sentenced  to  a  minor  prison  or  to  a  penitentiary  from  one  to  ten  years ; 
and  finally  on  open-air  work  in  distant  colonies  for  those  condemned  to 
hard  labor  for  five  years  or  more,  and  for  the  recidivists  who  are  con- 
demned to  perpetual  banishment.  The  system  of  open-air  work  for  these 
last  two  classes — hard  labor  and  banishment — is  general,  and  does  not 
appear  to  have  been  established  with  a  view  to  the  individualization  of  the 
punishment,  but  rather  to  remove  dangerous  criminals  and  professional 
delinquents  from  the  metropolis,  and  to  endeavor  to  direct  them  toward 
a  new  life,  and  thus  to  use  them  for  colonization. 

Since  the  organization  of  open-air  work,  with  some  local  exceptions, 
demands  a  certain  duration  of  the  penalties,  evidently  we  cannot  think 
seriously  of  this  method  of  dealing  with  those  who  are  condemned  to  short 
periods  (one  year  or  less),  and  for  this  class  the  transformation  of  con- 
gregate prisons  into  cellular  prisons  is  most  desirable.  In  Algeria,  where 
some  open-air  work  has  been  carried  on  near  the  prisons,  experience  has 
shown  that  penal  labor,  even  for  short  sentences,  has  given  satisfactory 
results. 

There  remain  the  convicts  who  are  in  the  intermediate  class  (one  to 
ten  years  in  a  penitentiary  or  in  an  ordinary  prison),  for  whom  France 
has  adopted  the  Auburn  system  for  the  "central  houses,"  with  industrial 
labor  in  general,  and  some  partial  trials  of  out-door  labor  (workyards 
or  agricultural  penitentiaries)  :  The  working  of  open-air  workyards, 
developed  in  Algeria  and  Corsica  (Central  House  of  Lambese  and  agri- 
cultural penitentiaries  of  Berrouaghia,  Chiavari,  Castelluccio)  has  not 
been  attempted  in  France  except  timidly.  At  different  times  a  few  men 
have  been  used  to  work  quarries  in  an  annex  of  the  Central  House  of 
Clairvaux.  Likewise  a  little  more  extensive  trial  was  made  from  1879 
to  1884  in  the  ancient  Central  House  of  Embrun,  now  abolished,  an 
experiment  which  has  appreciable  results  from  an  economic  point  of 
view,  and  which  also  in  some  degree  favored  individualization  of  the 
penalty. 

As  often  happens,  that  attempt  arose  from  the  necessity  of  giving 
work  to  the  convicts  of  the  Central  House  of  Embrun,  which  was  deprived 
at  this  time  of  means  of  rapid  communication,  and  therefore  exposed  to 
frequent  suspension  of  industries.  The  prisoners  were  set  to  work  at 
breaking  stones  on  the  road,  at  clearing  and  grading  for  the  construction 

32 


of  a  railroad,  and  every  evening  they  returned  to  the  prison.  Each 
group  was  composed  of  ten  or  twelve  prisoners  under  the  care  of  a  guard. 
The  selection  of  the  men  was  made  by  the  local  administration,  which 
required  the  following  conditions  of  admission  to  the  out-door  work- 
yards:  (i)  At  least  three  months'  residence  in  the  House;  (2)  A  maxi- 
mum of  three  years'  further  service  at  the  time  of  admission  to  the 
v/orkyards;  (3)  A  settled  residence  before  the  conviction;  (4)  Good 
conduct  in  the  prison;  (5)  A  previous  calling  or  trade  of  such  a  nature 
as  to  render  the  prisoner  immediately  ready  to  undertake  work  in  the  open 
air.  These  rules  could  be  applied  easily  and  quickly.  They  eliminated 
the  prisoners  who  had  sentences  of  a  very  long  duration,  the  individuals 
without  homes,  the  insubordinate,  and  the  incapable.  In  practice  they 
were  sufficient  to  keep  the  yards  disciplined  and  active  and  prevent 
escapes,  which  sometimes  arouse  public  opinion  beyond  measure. 

This  organization,  limited,  it  is  true,  since  it  has  not  been  applied  to 
more  than  fifty  prisoners,  has  shown  that  it  is  possible  to  employ  convict 
labor  outside  the  penitentiary,  and  that  it  is  beneficial  for  the  state;  that, 
on  the  other  hand,  this  utilitarian  point  of  view  is  not  contrary  to  the" 
interests  of  the  convicts,  but  rather  favors  their  return  to  morality,  by 
facilitating  their  continuation  in  normal  and  regular  life. 

Finally,  a  special  experiment  with  open-air  labor  (the  erection  of  the 
cellular  prison  of  Caen)  has  just  been  completed,  in  good  condition,  by 
the  labor  of  the  convicts  of  the  Central  House  of  Beaulieu,  near  Caen. 
In  that  place  are  workmen— excavators,  masons,  carpenters,  joiners, 
painters,  locksmiths,  etc. — who  have  found  it  useful  to  perfect  them- 
selves in  their  trades,  and  who  perhaps  can  also  be  reformed  "by  appropri- 
ate work,  and  so  face  more  securely  the  dangerous  moment  of  their 
liberation. 

These  timid  attempts  are  not  at  all  discouraging,  and  in  my  opinion 
the  results  show  that  they  are  not  irreconcilable  with  a  reformatory- 
penitentiary  system. 

To  return  to  the  exact  terms  of  the  programme  of  the  Congress,  it 
is  proper  to  indicate  the  principles  which  should  control  in  organizing 
the  open-air  works  of  public  utility  and  the  measures  that  should  be  taken 
in  view  of  this  organization.  In  the  first  place  there  is  a  dual  need  to 
reassure  the  people  who  dwell  near  the  establishments  by  a  careful  guard, 
and  to  restrict  the  choice  of  workers  to  the  classes  of  prisoners  who, 

33 


probably,  at  their  liberation,  will  continue  to  engage  in  open-air  work ; 
that  is  to  say,  to  guard  public  security,  and.  in  the  interest  of  society  as 
well  as  the  individual,  to  have  constantly  in  view  the  prisoner's  return 
to  a  life  which  is  made  secure  by  his  labor. 

It  is  indispensable  to  exclude  from  the  exterior  yards  those  prisoners 
who  are  engaged  in  sedentary  trades  which  are  not  useful  outside  the 
prison,  and  who  perceive  in  this  nothing  but  the  means  of  escaping  the 
somewhat  more  rigorous  discipline  of  a  house  surrounded  by  high  walls. 
It  is  necessary,  also,  for  evident  reasons,  to  exclude  rigorously  the  insub- 
ordinate subjects. 

For  my  part  I  would  not  make  an  exception  in  respect  to  the  trades, 
save  in  case  of  the  unfortunates  who  are  stricken  with  tuberculosis,  since 
modern  science  declares  that  the  open  air  is  favorable  to  them ;  but  here, 
nevertheless,  we  abide  by  our  programme,  since  definite  improvement 
cannot  be  obtained  except  by  those  who  are  prepared  to  supply  their 
essential  necessities  by  labor. 

This  being  granted,  two  methods  of  organization  are  presented:  the 
yards  for  public  works  of  varying  importance,  and  the  agricultural  peni- 
tentiaries. Both  these  processes  presuppose  that  on  account  of  the  prox- 
imity of  an  establishment  for  long  sentences  (one  to  five  years)  the  work 
can  be  established  and  an  effective  guard  organized,  which  will  prevent  as 
much  as  possible  the  intercourse  of  the  prisoners  with  the  free  population. 

From  the  purely  economic  point  of  view  the  yards  of  public  labor 
with  work  by  the  piece  should  yield  good  results.  It  is  necessary  to 
remember,  in  fact,  that  the  convict  does  not  in  the  majority  of  cases  work 
conscientiously,  except  under  the  pressure  of  constraint.  He  is  lazy  by 
nature,  without  energy  and  will.  It  is  therefore  to  aid  in  the  formation 
of  sturdy  and  robust  workmen  that,  for  my  own  part,  I  prefer  piece- 
work, with  a  daily  task.  Not  that  I  favor  extreme  severity,  but  because 
I  see  in  the  habituation  to  labor  the  surest  guarantee  of  social  rein- 
statement. 

The  societies  for  the  care  of  discharged  prisoners  can  furnish  pre- 
cise information  on  this  point.  They  occasionally  find  work  for  ex- 
convicts,  but  the  work  is  generally  difficult,  sometimes  repulsive,  often 
abandoned,  and  is  such  as  can  be  done  only  by  persons  in  good  health 
and  in  condition  to  endure  great  fatigue. 

The  public  workyards  are  not  easily  developed,  it  is  true,  since  there 

34 


is  very  often  instability,  changes  of  management,  scarcity  of  material, 
and  temporary  shelter,  and  frequent  necessity  of  reorganization ;  but  when 
there  are  the  material  means  the  yard  can  be  used  with  no  fear  of  great 
disappointments. 

The  organization  of  agricultural  penitentiaries  appears  to  be  very 
different.  These  furnish  work  for  long  periods ;  they  should  have  a  cer- 
tain character  of  permanence  and  permit  the  construction  of  establish- 
ments which,  with  the  necessary  buildings  for  the  officers,  are  sufficient 
for  the  shelter  of  the  prisoners,  and  for  the  agricultural  and  household 
service.  If  the  penitentiaries  are  established  as  far  as  possible  in  the 
uncultivated  and  sparsely  inhabited  regions,  they  will  add  to  the  value  of 
the  land,  by  clearing,  draining,  making  rural  roads,  and  by  other  works 
which  must  precede  regular  agricultural  operations. 

In  my  opinion  this  preliminary  period,  often  long,  supplies  the  best 
conditions  of  success  from  a  purely  penitentiary  point  of  view.  Most  of 
these  works,  in  fact,  permit  the  application  of  the  rule  of  a  daily  task1 
for  the  prisoners — a  rule  which  I  consider  indispensable  to  the  economic 
success  of  such  an  enterprise,  and  not  less  useful  in  the  future  for  the 
social  education  of  the  delinquent.  The  legal  obligation  to  work  often 
means  nothing,  if  it  does  not  fix  a  task  suited  to  the  strength  of  each 
prisoner.  When  the  organization  is  accomplished,  the  lands  analyzed,  the 
attempts  at  cultivation  achieved,  the  penitentiary  becomes  purely  agri- 
cultural, and  offers  no  more  interest  as  a  prison  enterprise. 

The  occupations  no  longer  lend  themselves  to  piece-work,  a  fact  which 
is  a  serious  cause  of  economic  mistakes,  since  these  occupations  no  longer 
respond  to  the  demands  of  reformatory  punishment,  and  are  of  doubtful 
value  in  the  process  of  restoring  the  convict  to  a  social  position. 

It  is,  in  fact,  a  question  of  farm  labor  of  essentially  different  forms: 
care  of  herds,  driving  animals  used  for  hauling  and  working;  sowing 
wheat,  plowing,  weeding,  harvesting,  horticulture,  arboriculture,  etc. — all 
forms  of  labor  which  can  generally  be  done  only  by  the  day. 

When  this  stage  is  reached,  it  will  be  proper  to  give  up  to  the  free 
husbandmen  the  land  which  is  now  comparatively  valuable,  and  transport 
the  penitentiary  to  other  places. 

Thus   the   convicts    will   become    real    pioneers,   having   the   unique 

llt   is   apparent   that  this   task   ought   to   be   fixed   with    moderation. 

35 


charge  of  preparing  the  way  for  civilization,  increasing  the  value  of  the 
uncultivated  fields,  and  creating  estates  for  habitation  and  cultivation. 

In  summing  up,  I  conclude  that  of  the  convicts  sentenced  for  medium 
periods,  it  is  desirable  to  employ  the  prisoners  of  rural  origin  as  much  as 
possible  at  work  in  the  open  air,  under  the  following  conditions :  ( I ) 
That  the  special  yards  or  penitentiaries  are  established  in  places  where 
communication  with  the  inhabitants  of  the  region  can  be  rendered  diffi- 
cult, if  not  impossible,  and  where  as  far  as  possible,  the  authorities  can  give 
the  buildings  the  character  of  a  rural  village,  or  of  detached  farms,  in  view 
of  the  future  sale  of  the  lands;  (2)  That  an  efficient  guard  can  be  organ- 
ized ,  (3)  That  for  the  most  part  the  work  will  permit  the  establishment 
of  a  daily  task;  that  finally  (4)  The  choice  of  individuals  will  be  deter- 
mined by  the  needs  of  the  penitentiary  itself,  and  its  normal  activities, 
taking  account  of  the  previous  occupation  of  the  convict,  his  good  con- 
duct, or  exceptionally  of  his  state  of  health,  if  it  supposed  that  life  in  the 
open  air  is  likely  to  improve  his  health. 

This  choice  supposes  a  period  of  probation  in  a  closed  prison  (cellular 
or  congregate)  which  can  be  varied  according  to  the  case,  since  approxi- 
mate certainty  of  good  conduct  ought  to  serve  as  the  basis  of  the  classi- 
fication. It  calls  necessarily  for  a  certain  number  of  workmen  who  are 
acquainted  with  the  industries  indispensable  for  the  operation  of  a  great 
enterprise,  such  as  masons,  carpenters,  locksmiths,  blacksmiths,  and 
farriers. 


REPORT  PRESENTED  BY  M.  JULES  KIRALY 

COUNTING-HOUSE  CLERK  OF  THE  ROYAL  HUNGARIAN  PENITENTIARY  OF  VACZ 
[TRANSLATORS,  F.  S.  BLACK  AND  J.  R.  SCHULTZ] 

From  the  moment,  toward  the  beginning  of  the  nineteenth  century, 
when  the  labor  of  prisoners  was  at  last  freed  from  the  general  opinion 
that  it  should  be  considered  as  an  increase  of  punishment,  as  a  sort  of 
means  of  increasing  its  pain ;  since  more  humane  sentiments  have  begun  to 
make  their  way  contributing  toward  elevating  work  to  a  level  where  it 
could  be  considered  as  an  important  factor  of  moral  improvement  and 
of  material  profit  for  the  convict — from  that  moment  there  has  been  no 
cessation  for  an  instant  of  attention  to  and  interest  in  it 

This  interest  only  increased  when,  toward  the  second  half  of  the  last 
century,  the  recriminations  and  complaints  of  the  small  manufacturers 
and  of  the  free  workmen  were  directed  against  penal  labor,  in  which  they 
saw  their  most  formidable  competitor  attacking  their  very  existence. 
While  the  small  business  demanded  that  the  manufacturing  industry  be 
excluded  from  the  area  of  activity  given  over  to  the  work  of  the  convicts, 
the  free  laborers,  on  their  side,  expressed  the  wish  to  see  labor  removed 
from  prisons,  claiming  that  the  lower  price  of  wages  for  prison  labor 
would  reduce  them  to  an  inferior  position. 

Moved  to  a  hearing  of  these  recriminations,  the  governments  on  the 
one  hand,  the  penitentiary  congresses,  functionaries  of  prisons,  and 
penologists  on  the  other,  submitted  the  question  of  prison  labor  to  a 
critical  examination  and  endeavored  to  give  to  that  labor  an  organiza- 
tion which,  while  according  satisfaction  to  the  complaining  parties,  would 
not  lower  the  character  of  the  execution  of  the  penalty  and  would  render 
it,  on  the  contrary,  more  effectual  than  before. 

For  this  purpose,  they  decided  upon  the  employment  of  the  convicts 
in  agriculture  and  in  other  works  of  general  interest  performed  in  the 
open  air,  as  being  best  calculated  to  satisfy  both  sides. 

The  purpose  of  the  present  report  is  to  prove  that  the  employment 
of  convicts  in  this  labor  is  of  a  nature  to  silence  complaints;  that  this 

37 


work  can  be  advantageously  introduced  in  the  plan  of  inflicting  punish- 
ment; that  it  is  of  an  important  moral  and  material  interest  for  the  con- 
vict; and  that  it  will  bring  about  an  indisputable  advantage  for  that 
class. 

In  considering  all  the  particular  circumstances  of  our  country,  I 
concluded  that  it  is  to  agricultural  labors  we  should  give  the  preference  in 
choosing  the  occupations  of  the  prisoners.  As  for  other  labor  of  public 
value  performed  in  the  open  air  I  am  of  the  opinion  that  they  are  neces- 
sary and  possible  only  as  an  auxiliary  occupation,  performed  conjointly 
and  over  and  above  the  agricultural  labor,  in  the  strict  sense.  Accord- 
ingly, I  shall  consider  here,  essentially  and  in  the  first  place,  only  labor 
having  a  bearing  upon  agriculture  itself,  and  content  myself  with  affirm- 
ing that  my  reasons  can,  in  general,  be  applied  to  all  the  labors  which 
offer  a  public  interest. 

Under  the  term  convict  I  mean  to  designate  the  individual  sentenced 
to  a  penitentiary,  where  I  know  the  conditions  by  experience,  being  an 
official  of  such  a  prison.  My  arguments  and  propositions  appeal  there- 
fore to  prison-wardens,  while  not  excluding  their  application  to  those 
sentenced  to  a  minor  prison,  and  to  those  who  are  serving  a  term  of 
ordinary  imprisonment. 

I  think  that  the  employment  of  convicts  in  agriculture  and  in  other 
works  of  general  interest  performed  in  the  open  air,  could  be  carried 
on  in  accordance  with  the  following  principles : 

I.  This  employment  could  be  very  well  introduced  into  the  Irish  peni- 
tentiary system.  This  system  recognizes  four  degrees  in  the  execution 
of  the  penalty,  viz.:  the  experimental  detention  in  the  cell  at  the  begin- 
ning of  the  punishment;  then  the  work  in  common  in  the  workshops, 
followed  by  an  intermediate  stage;  then,  lastly,  conditional  freedom. 
Tlie  essence  and  purpose  of  this  system  are  to  prepare  the  convict  for 
complete  liberty,  and  in  so  doing,  have  him  pass  successively  through 
all  these  stages,  beginning  with  absolute  isolation.  By  this  means  we 
seek  to  insure  the  individual  against  danger  resulting  from  a  too  sudden 
transition  from  one  extreme  to  another.  And  the  more  numerous  the 
degrees  to  pass  through  the  more  easily  will  the  proposed  object  be 
achieved. 

This  stage  may  be  represented  by  labor  in  the  open  air;  intervening 
between  work  in  common  and  the  intermediate  establishment,  or  between 

38 


labor  in  common  and  conditioned  freedom.  This  work  in  the  open  air, 
therefore,  will  be  more  advantageous  than  work  in  common,  but  less 
favored  than  incarceration  in  an  intermediate  establishment.  The  short 
stay  that  the  convicts  are  called  to  make  in  the  intermediate  establishment 
would  still  lead  to  the  work  in  the  open  air. 

On  the  assumption  that  seclusion  in  the  cell  and  work  in  common 
constitute  two-thirds,  and  conditional  freedom  one-fourth,  of  the  whole 
sentence,  the  stay  in  the  intermediate  establishment  constitutes  only  one- 
twelfth  part,  and  is,  in  any  case,  entirely  insufficient  to  prepare  thor- 
oughly for  conditional  freedom.  On  the  contrary,  work  in  the  open 
air,  preceding  the  incarceration  in  an  intermediate  establishment,  would 
be  of  a  nature  to  cause  this  disadvantage  to  disappear. 

But  where  this  work  can  become  a  factor  of  absolute  efficacy  is  in  its 
application  to  prisoners  who,  for  one  reason  or  another,  cannot  profit  by 
the  favors  of  the  intermediate  establishment  or  by  conditional  freedom. 
Such  are,  for  example,  the  men  sentenced  for  less  than  three  years  and 
who  cannot,  consequently,  claim  their  incarceration  in  an  intermediate 
estalishment,  and  the  recidivists  who  have  not  the  right  to  conditional 
liberty.  In  applying  this  regime  conformably  to  the  conditions  required 
by  the  aim  in  view,  labor  in  the  open  air  can  be  considered,  even  for  these 
men,  as  a  very  useful  thing,  inasmuch  as  it  is  designed  to  represent  for 
them  the  preparation  for  a  free  life. 

2.  But  it  is  chiefly  from  a  sanitary  point  of  view  that  work  in  open 
air  is  justified  and  recommended  with  all  its  advantages.  It  is  a  truth 
that  cannot  be  invalidated :  punishment  has  for  its  end  to  strike  the 
prisoner  by  depriving  him  of  his  liberty,  but  without  injury  to  his  health. 
Therefore,  the  amelioration  of  hygienic  conditions  is  a  humanitarian 
duty.  On  the  other  hand,  it  is  no  less  indisputable  that,  with  only  a  few 
exceptions,  the  work  of  convicts  is  very  injurious  to  health ;  partly  because 
the  workshops  are  crowded,  partly  also  because  of  lack  of  exercise  and  of 
pure  respirable  air.  But  the  actual  state  of  things  becomes  a  real 
calamity  by  the  harmful  effect  which  it  has  on  the  convicts  of  the  rural 
class,  which,  with  us,  furnishes  70  per  cent,  of  the  total  number  of  prisoners, 
and  whose  mode  of  living,  of  occupation,  and  of  food  is  diametrically 
opposed  to  that  which  is  practiced  in  the  life  and  occupations  of  the  peni- 
tentiaries. The  harmful  influence  of  this  kind  of  life  is  manifested  to 
begin  with  by  a  very  sensible  diminution  of  physical  forces,  simply  because 

39 


the  best  hygienic  care  never  will  replace  pure  air,  exercise,  and  the 
vivifying  rays  of  the  sun. 

But  agriculture  supplies  these  needs. 

The  following  table  is  intended  to  establish  the  enormous  advantage 
which,  from  a  hygienic  point  of  view,  is  offered  by  agricultural  work 
placed  in  comparison  with  indoor  labor  or  work  in  the  cell.  The  pitiless 
figures  of  the  statistician  fix  the  average  percentage  of .  instances  of 
death  observed  in  every  branch  of  industry  in  the  royal  penitentiary  of 
Vacz,  as  follows: 

KINDS  OF  OCCUPATION 

RATE  PER  CENT. 

Domestic  shoe-making  8.16 

Domestic  tailoring 3.36 

Domestic  carpentry 3-74 

Interior  domestic  work 3.20 

Basket-making    3.70 

Printing   9-37 

Locksmithing 3-19 

Carpentry   on    contract 6.72 

Gilding  on  contract   5-§7 

Sieve-making    3  73 

Manufacture  of  bellows  by  contract  6.30 

Weaving  by  contract  9-22 

Wheelwright-work  by  contract 3-&3 

Tailoring  by  contract   9-91 

Paper-making  by  contract   19-44 

Cell,    care    of    4-77 

Agriculture   (intermediate  establishment)    1.28 

This  1.28  per  cent,  of  men  occupied  in  agricultural  labors  can  be  con- 
sidered as  so  much  the  more  favorable  since  these  prisoners  have  but  a 
relatively  short  stay  in  the  intermediate  establishment. 

If  it  is  considered  that,  in  consequence  of  the  departure  of  a  consider- 
able number  of  convicts  employed  in  agricultural  labors  and  in  others 
carried  on  in  the  open  air,  the  hygienic  conditions  of  those  who  stay 
within  the  walls  of  the  penitentiary  are  improved  in  the  direct  ratio  of  the 
number  who  go  out,  it  is  unquestionable  that,  from  a  sanitary  point  of 
view,  agricultural  labor  outside  the  prison  constitutes  the  most  valuable 
factor  in  the  health  of  the  prisoners. 

We  can  therefore  accept  as  our  own  the  view  which  the  Blatter  filr 

40 


Gefdngniskiinde  expresses  (1898,  p.  78),  where  the  text  says:  "Labor 
in  the  open  air  is  an  inestimable  hygienic  factor  of  a  punishment  which 
deprives  of  liberty." 

3.  Nevertheless,  work  of  prisoners  in  the  open  air  should  be  intro- 
duced and  organized  not  only  because  it  is  advantageous  from  a  hygienic 
point  of  view,  but  also  for  its  high  moral  value.    Occupation  in  the  open 
air  is  a  favor  which  lessens  the  weight  of  imprisonment,  and  nothing 
is  better  to  prove  the  truth  of  this  fact  than  the  eagerness  of  the  prisoners 
to  apply  for  this  favor.     In  giving  it  a  proper  application,  for  example, 
in  reward  for  good  conduct,  it  is  evident  that  it  will  be  of  incomparably 
better  efficacy  for  the  correction  and   education  of  prisoners   than  the 
granting  of  any  other  favor  whatsoever  could  be. 

The  corrective  and  educative  effect  obtained  from  this  occupation 
could  be  claimed  if  for  no  other  reason  than  that  it  is  unique  as  a  privilege, 
and  that,  in  this  connection,  there  is  scarcely  a  perceptible  difference 
between  the  different  occupations  of  the  prisoners  in  the  penitentiaries. 
The  majority  of  prisoners  therefore  will  concentrate  their  whole  effort 
to  make  sure  of  this  occupation  by  justifying  the  confidence  which  their 
officers  have  shown.  These  constant  efforts  will  have  for  an  immediate 
result  the  increase  of  the  power  of  will,  the  development  of  the  conscious- 
ness of  the  duty  to  be  accomplished,  and,  finally,  the  return  of  confidence 
in  themselves.  In  addition,  the  constant  view  of  free  nature  and  the 
enjoyment  of  its  beauties  will  exercise  upon  the  individual  a  good 
influence;  these  will  beget  within  him  purer  thoughts  and  feelings  and 
will  discipline  his  imagination,  always  too  much  inclined  to  excess. 

But  these  are  not  the  only  advantages  which  plead  in  favor  of  work  in 
the  open  air ;  another  no  less  considerable  is  that  this  kind  of  occupation 
withdraws  the  prisoners  from  the  injurious  influence  that  the  hardened 
malefactors  exercise  on  their  comrades,  and  which  can  never  be  entirely 
suppressed  in  the  prisons  and  penitentiaries.  The  good  resolutions  made 
under  the  impression  produced  by  nature  will  not  therefore  be  smothered 
in  embryo  by  contact  with  vicious  persons. 

4.  The  occupation  of  the  convict  ought,  according  to  the  guiding 
principle,  to  assume  a  utilitarian  character  from  the  point  of  view  of  the 
future  of  the  convict.    In  support  of  this  argument,  I  shall  cite  paragraph 
32  of  the  instructions  relative  to  the  execution  of  the  punishment  of  hard 
labor : 

41 


Branches  of  industry  which  produce  a  harmful  effect  upon  the  health  of  the 
body  cannot  be'  admitted  into  the  prisons;  the  approval  of  the  minister  of  justice 
is  necessary  to  permit  the  admission  of  any  new  kind  of  work  whose  usefulness 
for  the  future  of  the  condemned  ought  to  constitute  the  principal  consideration. 

On  the  other  hand,  paragraph  30  of  the  same  instructions  provides 
that: 

At  tEe  time  of  taking  up  any  work  care  must  be  taken  that  the  prisoner,  as  far  as 
possible,  shall  be  assigned  to  one  of  the  trades  which  are  exercised  in  the  prison,  but 
to  one  which,  at  the  same  time,  is  familiar  to  him,  or  at  least  to  one  which  comes 
nearest  to  that;  this  failing,  he  should  be  assigned  to  a  trade  which  he  is  capable 
of  learning  very  quickly,  taking  into  account  his  state,  more  or  less  developed, 
his  age,  his  natural  tastes  and  physical  power,  and  a  trade  which,  according  to  the 
circumstances,  he  will  be  able  to  exercise  after  his  liberation. 

How  shall  we  apply  these  principles  to  the  prisoners  who  belong  to 
the  class  of  farmers  who,  with  us  in  Hungary,  represent  70  per  cent,  of 
the  population  of -our  prisons  of  hard  labor?  If  we  should  distribute 
this  large  number  among  all  the  trades  pursued  within  all  our  prisons, 
for  the  most  part  urban  industries,  how  could  advantage  result  from  it 
for  the  future  of  the  convict?  Will  he  work  at  the  same  trade  after  his 
dismissal?  Scarcely  ever! 

And  to  begin  with,  the  trade  of  an  artisan  does  not  suit  the  farmer, 
neither  from  the  point  of  view  of  his  tastes,  nor  with  regard  to  his  indi- 
vidual nature.  But  to  look  at  it  from  the  point  of  view  of  the  prisoner's 
future,  it  can  be  affirmed  that  this  occupation  tends  directly  to  the 
opposite  of  the  end  proposed,  inasmuch  as  it  is  exceedingly  rare  that  one 
of  these  men  can  learn  one  of  the  trades  in  such  a  way  that  it  will  assure 
him  a  livelihood.  Besides,  this  consideration  becomes  so  much  the  more 
alarming  since  manufacturing  industry  itself  is  found  today  in  a  most 
unfavorable  state. 

In  the  majority  of  cases  we  should  train  a  workman  of  only  moderate 
value,  who  would  stick  neither  to  agriculture  nor  to  a  trade  only  half- 
learned.  On  the  contrary,  if  this  individual  can  exercise,  during  his 
imprisonment,  his  habitual  calling,  and,  what  is  more,  if  he  can  be 
improved  therein  by  methodical  direction,  he  is  assured  of  his  future, 
because  the  farmer  can  get  along  more  easily  than  the  artisan  who  only 
vegetates. 

By  classifying  agriculture  among  the  number  of  works  carried  on  in 

42 


state  penitentiaries  we  should,  to  begin  with,  bring  to  an  end  the  contra- 
diction which  exists  in  the  'provisions  contained  in  the  paragraphs  of  the 
aforesaid  instructions  and  their  actual  application.  At  the  time  of  assign- 
ing to  the  prisoners  any  trade  whatsoever,  it  is  scarcely  possible,  in  5  per 
cent,  of  cases  really  to  have  regard  for  their  future,  as  I  have  had  occa- 
sion to  read  in  the  report  drawn  up  by  a  director  of  the  penitentiary. 

In  addition,  one  must  not  lose  sight  of  the  fact  that  in  transforming 
our  farmer  into  an  artisan,  we  simply  promote  the  exodus  of  the  rural 
population  into  the  city,  which  also  is  as  little  to  be  desired  from  the 
point  of  view  of  national  economy  as  in  respect  to  morality  itself. 

It  is  evident,  therefore,  that  in  taking  account  of  the  particular  con- 
ditions characteristic  of  our  country,  it  would  be  by  the  occupation  of  the 
prisoners  in  agricultural  labors  that  we  can  best  realize  the  principles 
which  ought  to  serve  as  a  basis  of  convict  labor. 

5.  But  the  employment  of  convicts  in  agricultural  labors  would  con- 
stitute at  the  same  time  a  very  successful  remedy  for  the  frequent 
complaints  made  by  the  small  manufacturers  and  free  workmen.  The 
appearance  of  these  complaints  is  contemporaneous  with  the  introduc- 
tion of  trades  into  the  prisons.  The  industry  of  the  penitentiary  appeared 
in  their  eyes  to  be  one  of  their  most  dangerous  rivals,  because  the  prices 
of  articles  furnished  by  this  industry  are  lower  than  those  of  the  market, 
a  circumstance  which  tends  to  diminish  the  number  of  orders  given  to 
them.  The  price  of  penitentiary  labor  placed  at  the  command  of  business 
men  being  lower  than  that  of  free  workmen,  the  wages  of  the  latter  are 
naturally  subject  to  reduction. 

Several  attempts  have  already  been  made  to  provide  a  remedy  for  this 
state  of  affairs.  In  France,  notably  in  1848,  all  industrial  work  in 
prisons  was  suppressed  in  response  to  the  pressure  brought  to  bear  by 
the  complaints  which  were  unceasingly  directed  against  this  kind  of 
work.  Nevertheless,  the  great  wrong  and  injury  caused  by  this  sup- 
pression soon  caused  a  return  to  the  old  regime.  Then  they  conceived 
the  idea  of  devoting  the  work  of  the  prisoners  entirely  to  the  needs  of 
the  state.  Once  more  they  saw  themselves  compelled  to  admit  that  they 
had  taken  a  wrong  step,  for  this  system  deprived  the  free  laborers  of  the 
orders  executed  for  the  state,  a  fact  which  made  it  impossible  to  quiet 
the  complaints  which  were  raised.  At  this  opportune  time  one  could 
read  in  the  Blatter  fur  Gefdngniskunde  for  1887  (p.  340),  that  when  the 

43 


authorities  began  to  erect  the  new  penitentiary  at  Prague,  and  only 
prison  labor  was  being  used,  the  free  workmen  assumed  such  a  threaten- 
ing attitude  that  the  uprising  was  suppressed  only  by  withdrawing  the 
prisoners  from  the  construction  yards.  In  order  to  quiet  these  com- 
plaints, they  even  planned  manufacture  for  the  foreign  market ;  but  this 
palliating  measure  presented  two  difficulties:  In  the  first  place,  with  us, 
account  could  not  be  taken  of  the  future  of  the  convict;  while,  on  the 
other  hand,  numerous  difficulties  arose  in  the  way  of  putting  the  measure 
into  practice. 

It  is  from  agricultural  work  alone  that  an  alleviation  of  the  com- 
plaints reiterated  by  the  small  industry  is  to  be  hoped  for.  To  wish  to 
stop  them  completely  by  this  method  would  be  to  indulge  a  vain  hope. 
Just  as  it  is  true  that  it  is  not  the  penitentiary  industry  that  has  caused 
the  crisis  that  has  raged  severely  about  the  small  free  industry,  but  really 
the  common  weakness  of  industry  in  general,  so  it  is  equally  true  that  we 
cannot  remedy  this  state  of  suffering  merely  by  suppressing  penitentiary 
industry.  Like  a  sick  man  who  fears  the  least  current  of  air,  industry, 
which  likewise  is  suffering,  is  sensible  to  the  rival  action  of  penitentiary 
industry,  however  trivial  it  may  be. 

Nevertheless,  it  would  be  puerile  to  deny  the  harmful  effect  which 
prison  labor  exercises  upon  free  local  industry,  which  it  deprives  of  a 
considerable  number  of  orders,  as  for  shoe  manufacture,  tailoring,  car- 
pentry, etc.  This  fact  has  a  certain  importance  even  if  the  penitentiary 
is  situated  in  a  city  where  the  demand  is  great.  On  the  other  hand,  it  is 
no  less  evident  that  the  price  of  articles  made  up  in  the  central  prisons 
is  lower  than  that  of  articles  made  by  free  workmen,  although  in  reality 
this  difference  may  not  be  as  considerable  as  some  desire  to  make  us 
believe.  But,  however  trivial  the  difference  may  be,  it  is  still  sufficient  to 
attract  orders  to  the  central  prison,  to  the  detriment,  it  goes  without 
saying,  of  the  free  local  industry. 

Nevertheless,  it  is  an  undeniable  fact  that  the  prisoners  cannot  be 
left  unemployed,  solely  and  simply  to  quiet  the  complaints  made  by  free 
laborers.  According  to  my  view,  it  is  therefore  in  agricultural  labor 
alone  that  a  remedy  for  this  situation  is  to  be  found,  as  the  Blatter  fur 
Gefangniskunde  (1891,  p.  63),  very  justly  says:  "By  this  occupation, 
the  complaints  made  by  free  labor  against  the  competition  to  its  disad- 
vantage are  shut  out  once  for  all." 

44 


If  30  to  40  per  cent,  of  the  prisoners  are  employed  in  agricultural 
work,  and  this  from  the  beginning  of  spring  far  into  the  autumn ;  after- 
ward during  winter,  in  the  labor  of  the  farm,  or  in  outdoor  work 
having  a  general  interest,  they  would  no  longer  be  occupied  in  carrying 
on  those  trades  which  are  usually  assigned  to  prisoners,  such  as  shoe- 
making,  tailoring,  carpentry,  bookbinding,  locksmithing,  etc. ;  with  the 
exception  of  a  number  of  persons  strictly  necessary  for  satisfying  the 
needs  of  the  establishment,  and  eventually  for  filling  important  orders 
made  on  behalf  of  the  state. 

In  this  manner  the  number  of  enterprises  in  the  penitentiary  would  be 
reduced  to  the  smallest  possible  limits,  with  certain  advantages  to  the 
free  workmen,  and  at  the  same  time  these  annoying  complaints  would 
be  silenced. 

The  preceding  discussion  results  in  the  conclusion  that  the  employ- 
ment of  convicts  in  agricultural  work  meets  all  the  requirements  of  work 
for  prisoners;  that  it  conforms  to  the  spirit  of  discipline;  that  it  has  an 
invaluable  advantage  for  the  body  as  well  as  the  soul  of  the  convict ;  that 
it  can  be  employed  as  a  corrective  and  educational  means ;  that  it  assures 
the  future  of  the  convict,  and  contributes,  in  part  at  least,  by  reducing 
competition  to  a  minimum,  to  the  abatement  of  the  complaints  which  free 
labor  does  not  cease  to  make  against  prison  labor. 

The  opponents  of  work  in  the  open  air  seek,  in  the  meantime,  to  apply 
to  it  the  stamp  of  the  materia  odiosa,  pretending  that  it  is  in  violent  con- 
tradiction to  the  idea  that  ought  to  be  entertained  concerning  punish- 
ment ;  that  it  annuls  the  principle  that  punishment  should  consist  in  con- 
finement to  a  place,  and  in  the  suppression  of  liberty  of  movement,  since 
the  crime  committed  during  liberty  cannot  have  more  effective  punish- 
ment than  the  suppression  of  that  liberty;  that  this  suppression  cannot 
be  conceived  of  without  recourse  to  incarceration.  And  they  very  seri- 
ously conclude  that  all  these  reasons  are  entirely  overturned  by  the 
employment  of  convicts  in  the  open  air ! 

Come!  This  argument  has  a  weak  point,  because  it  frames  a  judg- 
ment with  the  work  of  free  laborers  as  a  basis,  and  without  taking  into 
account  the  difference  that  does,  and  should,  exist  between  the  two  classes 
of  workmen. 

The  going- forth  from  prison  under  heavy  guard ;  the  restraint  during 
work  in  the  open  air ;  the  complete  isolation  from  free  workmen ;  the 

45 


restrictions  upon  conversation  at  will ;  the  prohibition  to  pass  certain 
defined  limits ;  in  the  evening  the  return  to  the  prison ;  as  well  as  other 
precautions  having  for  their  end  to  limit  any  show  of  freedom,  are  all 
conditions  which  prevent  the  convict  from  imagining  that  he  has  ceased 
to  be  a  prisoner.  While  it  is  true  that  he  is  not  confined  between  four 
walls,  it  is  no  less  true  that  out-of-doors  as  well  as  in-doors  he  is  forbidden 
to  leave  a  certain  territory  which  is  assigned  to  him  as  a  place  within 
which  he  can  move.  Consequently  there  is  real  confinement  to  a  given 
place,  an  actual  limitation  of  free  movement. 

Of  that  liberty  which  the  prisoner  has  lost  by  committing  his  crime, 
almost  nothing  is  left  to  him.  Even  in  this  place,  as  in  any  prison,  he 
is  forbidden  to  exchange  a  single  word  with  free  men.  Everything  here 
recalls  to  him  his  condition — his  clothing,  his  food,  his  surroundings, 
etc. — and  who  knows  whether  in  the  view,  and  under  the  kindly  influence 
of  nature  he  will  not  realize  that  he  is  more  of  a  prisoner  than  he  would 
be  within  the  four  walls  which  hide  from  his  sight  all  that  of  which  he 
is  deprived. 

If  convict  labor  in  the  open  air  is  carried  on  in  a  form  that  accords 
with  the  principles  of  punishment,  which  is  perfectly  possible,  the  end 
which  is  sought  in  punishment  is  not  defeated ;  and,  this  being  the  case, 
it  is  therefore  the  judicious  choice  of  method  most  nearly  conforming 
to  that  end  which  should  occupy  the  principal  place  in  consideration  of 
convict  work  in  the  open  air.  For  it  is  upon  this  choice  that  all  depends 
— the  advantages  as  well  as  the  disadvantages. 

Before  beginning  a  detailed  discussion  of  the  second  part  of  this 
question,  it  is  important  to  fix  first  of  all  the  ratio  of  prisoners  who  can 
be  employed  in  outdoor  work,  since  the  available  population  will  determine 
the  extent  of  the  outdoor  work,  just  as,  on  the  other  hand,  it  will 
determine  the  kind  of  work  in  which  convicts  can  be  employed. 

Those  confined  to  the  cell  while  on  trial,  the  sick,  those  occupied  in 
indoor  work,  and  those  who  are  undergoing  disciplinary  punishment, 
form  about  50  per  cent,  of  the  total  population,  and  these  cannot  be 
employed  in  outdoor  work.  Deducting  10  to  15  per  cent,  from  those 
remaining  to  work  at  the  more  indispensable  branches  of  industry,  there 
still  remains  a  sufficient  number,  35  to  40  per  cent.,  of  those  who  can  be 
employed  in  carrying  on  work  in  open  air. 

At  the  time  of  assigning  employment  in  the  open  air  to  workmen, 

46 


it  is  necessary  to  take  into  account,  above  all,  the  record  of  the  convict, 
and  to  consider  his  conduct  while  kept  in  the  central  house,  as  well  as 
the  time  he  has  left  to  serve  in  prison.  Those  who  belong  to  the  farming 
class  ought  to  be  chosen  from  preference,  after  excluding,  however,  hard- 
ened recidivists,  and  persons  undergoing  disciplinary  punishment.  The 
exclusion  of  this  last  class  ought  not,  however,  to  be  more  than  a  year. 
As  to  the  exclusion  a  priori  of  all  recidivists,  it  does  not  appear  to  me 
to  be  necessary,  for  it  is  proved  that  the  difficulties  these  men  encounter 
in  their  search  for  work,  even  those  which  general  life  itself  does  not 
spare  them,  are  to  a  great  extent  a  result  of  the  relapse  of  these  unfor- 
tunates. In  our  epoch  of  industrial  stagnation,  agriculture  is  tetter 
fitted  to  sustain  the  life  of  a  man  than  any  other  trade.  In  consequence, 
if  the  recidivists  are  occupied  in  agriculture,  they  are  given  a  means  of 
existence,  and  therefore  are  prevented  from  a  relapse  into  crime. 

In  practice,  recidivists  are  not  excluded  from  work  in  the  open  air. 
As  to  this  fact,  it  is  enough  to  cite  the  example  of  the  penitentiary  of 
Lipotvar.  At  the  time  when  the  52  arpents  forming  the  property  of  the 
penitentiary  were  cultivated  by  the  prisoners  of  the  place — it  was  before 
the  erection  of  the  intermediate  establishment — a  third,  often  even  half, 
of  the  men  employed  in  field-work  were  taken  from  the  recidivists  who 
had  never  given  cause  for  any  complaint. 

At  Vacz  recidivists  are  not  excluded  from  work  in  open  air,  so  that 
among  the  convicts  employed  in  cultivating  the  land  conceded  by  the 
royal  Hungarian  cantonment,  and  also  in  the  cultivation  of  the  21  arpents 
leased  by  the  penitentiary,  there  were  also  recidivists. 

Considerations  of  safety  induce  me  to  propose  the  exclusion  of  per- 
sons who  are  in  the  cell,  passing  through  the  trial  stage,  of  those  who 
are  serving  a  life-sentence,  as  well  as  those  who  are  serving  a  sentence 
of  long  duration  and  have  not  yet  finished  the  major  part  of  their  punish- 
ment. This  last  class  can  be  employed,  after  having  served  two-fifths  of 
their  sentence. 

Let  us  now  examine  the  nature  of  work  in  the  open  air. 

In  order  that  the  men  employed  in  open-air  work  may  return  each 
evening  to  the  central  house,  it  would  be  best  to  lease  ground  near  the 
penitentiary,  and  cultivate  it,  as  is  the  case  at  Vacz.  There  the  central 
house  has  rented  21  arpents  of  arable  land,  where  food  products  are 
cultivated,  as  well  as  the  oats  necessary  for  the  maintenance  of  the 

47 


horses  used  in  farm  work.  The  same  plan  is  used  by  the  central  house 
of  Nagy-Enyed  which  has  leased  10  arpents,  and  at  the  penitentiary  of 
Lipotvar  which  owns  52  arpents.  . 

However,  considering  the  fact  that  agriculture  in  the  proper  sense 
requires  comparatively  very  little  work,  and  that  during  a  considerable 
part  of  the  spring,  summer,  and  autumn,  it  is  absolutely  necessary  to 
find  another  outdoor  employment  besides  work  in  the  fields.  This  is 
easily  secured  by  introducing  extensive  horticulture  which  would,  first 
of  all,  produce  vegetables  and  fruits  for  the  food  of  the  penitentiary, 
while  the  surplus  would  be  placed  upon  the  market  Horticulture  of 
this  sort  requires  continuous  labor,  save  during  the  cold  months  of 
winter,  and  will  keep  the  Tiands  busy  during  the  entire  year. 

I  believe,  moreover,  that  the  installation  of  a  dairy  farm  for  agri- 
cultural and  horticultural  cultivation  would  not  encounter  any  difficulty, 
with  the  special  advantage  that  it  would  furnish  the  penitentiary  with  the 
quantity  of  milk  it  needs.  This  innovation  would,  besides,  be  of  enor- 
mous advantage  in  removing  the  ground  for  the  daily  complaints  pro- 
voked by  the  bad  quality  of  milk,  and  the  surplus  milk  could  be  placed 
on  sale  in  trie  market. 

Besides  agriculture,  gardening,  and  dairying,  I  believe  it  useful  still 
to  admit,  as  far  as  practicable,  other  forms  of  outdoor  work  having  a 
general  interest,  such  as  the  changing  of  watercourses,  leveling  the  soil, 
construction  of  railways,  laying  out  roads,  erection  of  dikes,  construction 
of  public  buildings,  forestry  work  in  the  royal  cantonments,  etc.  How- 
ever, it  is  my  opinion  that  no  kind  of  work  can  be  recommended  that  does 
not  allow  the  return  of  the  convicts  each  evening  to  the  central  house. 
Under  this  condition,  they  should  be  given  the  preference  over  all  other 
outside  work  requiring  a  long  stay  outside  the  walls  of  the  penitentiary. 
A  too  prolonged  absence  would  render  difficult  a  truly  efficient  super- 
vision which  the  authorities  of  the  penitentiary  could  not  maintain  in 
accordance  with  the  end  of  punishment. 

With  us,  for  example,  one  must  concede  the  public  advantage  of  vine- 
yard work  having  for  its  purpose  the  reconstruction  of  destroyed  vine- 
yards ;  for  here  the  work  of  prisoners  can  be  carried  on  with  advantage  and 
success.  It  is  evident  that  this  kind  of  work  could  be  carried  on  only  in 
vine-growing  lands  situated  near  the  penitentiary.  In  our  country  we  do 

43 


not  lack  examples  of  the  employment  of  prisoners  in  this  work,  not 
especially  penitentiary  convicts,  but  men  condemned  merely  to  jail. 

In  the  year  1896  a  number  of  prisoners  from  the  prison  of  Satoralja- 
Ujhely  were  placed  at  the  disposal  of  the  vine-growers  of  Hegyalja  to 
restore  some  destroyed  vineyards.  From  the  first  year,  that  plan  has 
given  such  excellent  results,  that  the  small  proprietors  have  not  ceased 
since  then  to  importune  the  minister  of  justice  for  further  drafts.  Dur- 
ing the  winter  the  prisoners  receive  a  theoretical  instruction  in  all  branches 
of  vine-growing.  The  same  plan  could  be  well  applied  to  central  houses 
whose  inmates  would  receive  during  the  winter  months,  like  those  cited 
above,  suitable  instruction  in  all  branches  of  agriculture  and  vine-growing. 

During  the  relatively  short  annual  cessation  of  agricultural  work 
and  all  other  work  done  in  the  open  air,  the  men  could  be  occupied  with 
indoor  work  connected  with  agriculture,  such  as  wood-turning,  basket- 
making,  plaiting  mats,  making  straw  matting,  weaving  straw,  making 
brushes  and  brooms,  working  at  the  forge,  etc.,  and  in  the  second  place, 
at  the  more  indispensable  branches  of  industry  and  trade  for  satisfying 
the  domestic  needs  of  the  penitentiary,  such  as  shoemaking,  tailoring, 
carpentry,  locksmithing,  wood-cutting,  etc. ;  third  and  last,  in  meeting 
the  not  very  important  demands  which  the  state  makes  upon  the  central 
house. 

The  introduction  of  agriculture  and  other  work  carried  on  in  open 
air  does  not  signify,  therefore,  the  exclusion  pure  and  simple  of  all 
the  branches  of  industry  carried  on  in  the  central  house,  and  this  because 
not  all  the  convicts  can  be  employed  at  this  work.  On  the  one  hand,  the 
majority  are  not  eligible  for  outdoor  work,  while,  on  the  other,  those 
remaining  for  that  work  cannot  even  be  occupied  in  it  during  all  the 
months  of  the  year. 

Now  that  we  recognize  the  importance  of  the  resources  in  the  con- 
victs which  can  be  employed  in  carrying  on  outdoor  work,  as  well  as  the 
kind  of  work  with  which  they  may  be  occupied,  it  is  important  to 
examine  closely  the  questions  which  arise  in  regard  to  this,  and  of  these 
the  most  important,  without  doubt,  are  the  end  and  the  principles  which 
ought  to  inspire  the  practice  of  work  in  open  air. 

Here  is  my  response  to  this  question:  Work  in  open  air  ought  to 
be  organized  in  such  a  manner  that  a  rigorous  supervision,  constantly 
maintained,  shall  keep  alive  in  the  convict  the  thought  and  idea  of  lost 


liberty.    This  is,  at  the  same  time,  the  reason  I  insist  very  strongly  upon 
a  strict  and  severe  surveillance. 

The  direction  of  farm  work,  and  of  all  work  carried  on  in  the  open 
air,  should  be  confided  to  a  skilled  superior  guard,  or  to  an  inspector-in- 
chief  who  has  received  special  instruction.  Tried  guards,  worthy  of 
confidence,  and  having  a  strong  physique,  should  be  detailed  to  watch 
the  convict  farm  laborers,  and  this  in  the  ratio  of  one  guard  to  every 
ten  convicts.  This  guard  would  have  as  his  duty  to  see  that  those  placed 
under  his  charge  execute  the  work  assigned  them  in  a  thorough  manner 
and  that  no  conversation  be  permitted  except  that  which  is  strictly  indis- 
pensable to  the  proper  execution  of  their  task. 

If,  in  addition  to  all  this,  we  add  the  formal  prohibition  of  the  convicts 
passing  beyond  a  certain  limit  of  designated  territory,  their  complete 
isolation  from  free  workmen,  and  strangers  to  the  penitentiary,  the 
severe  suppression  of  disobedience  by  an  immediate  exclusion  from  open- 
air  work,  it  is  not  possible  for  the  thought  and  sentiment  of  imprison- 
ment to  disappear  from  the  mind  and  heart  of  the  convict. 

However,  in  order  to  impress  this  thought  upon  the  mind  of  the  con- 
vict, he  can  be  made  to  return  each  evening  to  the  prison ;  to  receive  no 
other  nourishment  than  the  other  prisoners  of  the  place  receive,  at  least 
in  respect  to  quality.  The  difference  in  food  should  affect  only  the  quan- 
tity, the  increase  of  which  is  required  by  the  nature  of  work  which 
involves  a  great  deal  of  physical  effort. 

With  a  view  to  assuring  the  execution  of  all  these  measures,  the 
warden  of  the  penitentiary  should  every  day  make  a  tour  of  the  fields  and 
yards.  This  added  precaution  would  contribute  in  large  measure  to 
remind  the  convicts  that  they  belong  to  the  penitentiary. 

From  time  to  time  the  chaplain  would  give  them  lessons  in  morality, 
either  visiting  them  in  the  fields,  or  at  the  penitentiary  after  they  had 
returned  thither. 

That  agriculture  may  be  admitted  to  the  rank  of  prison  labor,  and 
that  under  the  form  which  I  have  just  explained,  it  is  indispensable  that 
the  field  or  yard  be  situated  near  the  central  house,  or  at  least  not  far 
distant,  in  order  that  the  convicts  may  return  to  it  without  too  great  loss 
of  time,  and  that  the  supply  of  food  for  the  open-air  prisoners  may  be 
facilitated.  This  proximity  would,  at  the  same  time,  permit  prompt  medi- 
cal aid  to  be  brought  in  case  of  accident.  In  this  regard,  I  am  of  the 

50 


opinion  that  it  would  be  advantageous  to  have  upon  the  ground  an  intelli- 
gent guard  who  might  be  taught  the  methods  of  giving  first  aid  to  the 
sick  and  injured. 

The  wages  of  workmen  in  the  open  air  would  be  the  same  as  that 
paid  to  workmen  indoors,  that  is  to  say,  8  hellers  each  per  day.  An 
increase  of  wages  does  not  seem  to  me  to  be  desirable,  especially  since 
open-air  work  is  in  itself  much  more  advantageous  than  interior  occupa- 
tions. 

In  addition  to  the  regular  buildings  for  rural  production,  that  is  to 
say,  a  granary  and  storehouse,  it  would  be  necessary  to  build  a  third  where 
the  workmen  could  pass  their  leisure  time,  and  find  shelter  in  case  of  storm. 

If  only  those  convicts  who  have  served  out  an  important  part  of  their 
sentence  within  prison  walls  are  employed  in  agricultural  labor;  if  they 
are  subjected  to  a  strict  and  vigilant  surveillance;  if  they  are  entirely 
isolated  from  free  men,  and  kept  within  given  bounds ;  if  they  are 
incessantly  subjected  to  the  control  of  the  prison  authorities,  and  con- 
stantly dominated  by  the  fear  of  disciplinary  punishment,  incurred  by 
violation  of  rules ;  if  they  pass  all  their  time  in  carrying  on  rough  labor, 
it  is  certain  that  the  thought  and  idea  of  punishment  will  not  leave  them 
for  an  instant. 

It  would  be  in  this  form,  and  according  to  these  principles,  that  I 
think  it  possible  to  introduce  open-air  work  into  the  number  of  prison 
occupations:  farming,  in  the  first  place;  and,  in  the  second  rank,  as 
auxiliary  and  accessory  occupations,  the  carrying-on  of  other  outdoor 
labors  of  public  utility.  In  this  manner,  released  prisoners  are  protected 
against  the  antagonism  of  society  which  distrusts  the  convict  in  the  indus- 
trial world,  and  turns  away  from  the  disgraced  man.  But  if  he  presents 
himself  as  a  farm  laborer,  the  ex-convict  has  a  much  greater  chance  to 
succeed. 


REPORT  PRESENTED  BY  DR.  CURTI 

DIRECTOR   OF   THE   PENITENTIARY    OF    REGENSDORF,    SWITZERLAND 
[TRANSLATOR,  R.  K.  NABOURS] 

Principles. — The  principle  according  to  which  criminals  should  be 
permitted  to  work  in  open  air  should  be  prescribed  by  law.  The  law  for 
the  infliction  of  punishment  within  the  walls  of  the  penitentiary  should 
be  determined,  and  also  the  kind  of  punishment  which  shall  be  applied 
to  the  prisoners  in  the  country  or  in  the  works  of  public  utility  in  the 
open  air.  In  the  latter  category  belong,  for  example,  the  improvement  of 
water  courses,  works  of  leveling  the  ground,  the  construction  of  roads, 
railroads,  work  in  mines,  quarries,  etc. 

Under  no  circumstances  should  the  employment  of  young  delinquents 
be  allowed ;  it  is  easily  seen  that  work  done  in  common  with  other  prison- 
ers would  degrade  them  and  so  be  harmful  to  them.  It  is  also  clear  that 
they  do  not  possess  the  necessary  physical  power. 

The  hardened  criminals  must  be  considered  by  themselves,  and  the 
serving  of  their  sentence  should  be  under  rigorous  conditions.  They 
should  be  made  to  feel  keenly  the  restrictions  of  their  liberty,  so  far  as 
possible,  even  if  their  occupations  should  be  in  the  open  air.  Isolation  in 
cells  is  necessary  for  that  class  of  criminals,  if  one  would  gain  from  the 
penalty  its  proper  fruits. 

Through  fear  that  the  hardened  criminals  will  escape  the  legislature 
does  not  authorize  their  being  employed  outside  the  walls  of  the  peni- 
tentiary. But  in  contrast  with  these,  it  is  more  rational  to  occupy  those 
prisoners  in  open-air  work,  who,  though  not  criminals  in  the  strict  sense 
of  the  word,  yet  are  required  to  work,  essentially  because  they  have  given 
themselves  over  to  laziness,  to  carousal  and  debauchery,  have  been  justly 
prosecuted  and  so,  for  these  reasons,  ought  to  be  deprived  of  their 
liberty.  One  should  by  preference  employ  convicts  who  are  accustomed 
to  such  labor,  in  the  work  of  the  farm,  and  who  after  their  liberation 
will  make  their  living  in  the  work  of  the  country.  Another  motive  which 
ought  to  encourage  the  occupations  of  the  prisoners  in  the  open  country 

5* 


is  the  interest  of  health.  The  prisoners  confined  in  cells,  whose  state  of 
health  is  precarious,  and  for  whom  consequently  life  in  the  open  air  is 
indicated,  ought  as  far  as  possible,  to  be  employed  on  the  farm. 

Organization. — This  will  conform  to  the  prescriptions  of  the  law  or 
regulations.  Following  the  opinion  expressed  above,  the  prisoners  should 
be  occupied,  preferably,  outside  the  prison  wall  in  the  open  air.  As  this 
crowd  or  aggregation  of  men  is  recruited  chiefly  from  loafers  who  do 
not  work  of  their  own  will,  it  is  well  to  consider  an  appropriate  means 
for  enforcing  productive  work.  The  supervision  should  be,  to  this  end, 
close  and  continuous.  The  premises  should  be  specially  arranged  to 
admit  of  hours  of  repose  and  the  interruptions  of  work.  Each  prisoner 
should  at  such  times  be  alone,  and  have  also  his  own  cell  which  he  should 
be  obliged  to  keep  clean.  A  service  of  public  worship  should  be  held  on 
Sundays  and  holidays.  In  general,  there  should  be  careful  attention  given 
to  the  prisoner's  religious  and  moral  education.  The  food  should  be 
simple  but  nutritious  and  suitable  to  replace  the  loss  of  tissue  resulting 
from  a  fatiguing  and  compulsory  labor.  The  food  should  not  go  beyond, 
in  quality  or  quantity,  that  of  a  good  farmer's  table,  under  the  same 
conditions  of  work.  Alcoholic  drinks  should  b?  entirely  prohibited.  For 
quenching  the  thirst,  fresh  water  should  be  sufficient;  milk  also  may  be 
given,  or  weak  coffee  and  tea.  These  rules  should  not  be  broken,  except 
for  reasons  of  health,  or  on  the  order  of  a  physician  by  whom  fermented 
drink  could  be  authorized. 

The  clothing  should  be  adapted  to  the  circumstances  of  the  climate ; 
it  should  be  simple  and  substantial ;  being  different  from  the  fashion  of 
the  place,  so  that  the  prisoner  may  be  detected  more  easily  ifshe  escapes. 

The  physician  should  control  the  hygienic  conditions  of  the  places  of 
work  and  the  sleeping-quarters.  He  should  see  to  it  that  the  drainage 
and  sewage  are  properly  planned.  All  contact  with  free  citizens  should 
be  prohibited. 

A  kind  of  work  which  is  well  adapted  to  the  circumstances  described 
is  that  of  occupying  the  men  in  the  open  air  to  clear  off  and  transform 
sterile  land  into  that  which  is  productive.  This  work  of  restoring  the 
soil,  if  carried  on  through  a  number  of  years,  is  carried  out  successfully 
by  convicts,  who  have  tne  satisfaction  of  seeing  the  formerly  poor  soil 
made  productive,  and  responding  abundantly  to  cultivation.  Through 
these  means  the  prisoner  knows  how  to  appreciate  the  honor  attached  to 

51 


work;  the  aim  and  taste  are  reconstructed,  and  the  joy  of  work  will  also 
be  increased.  The  taxpayer,  upon  whom  lies  the  burdens  of  these  estab- 
lishments, and  who  easily  regards  them  as  heavy,  will  be  the  first  disposed 
to  give  his  approbation  to  this  sort  of  occupation  for  the  prisoners. 

We  call  attention  to  the  fact  involved  in  the  theory  of  classification, 
which  recognizes  conditional  liberation  as  the  highest  grade,  that  "a  period 
of  trial  is  necessary.  To  that  end  the  imprisonment  in  cells  will  be  fol- 
lowed by  work  in  open  air,  and  the  preference  should  be  given  to  some 
form  of  agriculture.  If  the  period  of  trial  is  passed  with  success,  the 
prisoners  can  then  be  granted  the  benefit  of  conditional  liberation  with 
less  fear  or  hesitation.  We  propose,  in  consequence,  the  following  theses : 

1.  The  authorization  of  farm  work  ought  to  be  regulated  by  law. 

2.  In  the  organization  of  the  works  there  must  be  kept  in  view  the 
employment  of: 

a)  The  convicts  of  the  penitentiary  class; 

b)  The  prisoners,  who  in  free  life  devote  their  lives  to  agriculture ; 

c)  Those  who,  for  reasons  of  health,  ought  to  be  given  work  in  open 
air; 

d)  The  prisoners  who  in  virtue  of  their  good  conduct  are  soon  to  be 
granted  conditional  liberation. 


54 


REPORT  PRESENTED  BY  SIMEON  E.  BALDWIN,  LL.D. 

ASSOCIATE   JUDGE   OF    THE    SUPREME    COURT   OF    ERRORS    OF    CONNECTICUT, 

PROFESSOR  OF  CONSTITUTIONAL  LAW  AND  OF  INTERNATIONAL  PRIVATE 

LAW   AT    THE    UNIVERSITY    OF   YALE;    FORMER   PRESIDENT    OF   THE 

AMERICAN     BAR     ASSOCIATION,     OF     THE     AMERICAN     SOCIAL 

SCIENCE  ASSOCIATION,  AND  OF  THE  INTERNATIONAL  LAW 

ASSOCIATION 

The  International  Penitentiary  Commission  recommends  that  those 
who  wish  to  discuss  this  question  should  seek  for  the  underlying  prin- 
ciples. It  is,  in  fact,  very  important  to  study  our  subject  seriously,  since 
heretofore  the  systems  which  have  been  applied  in  the  different  countries 
to  the  occupation  of  the  convicts  in  open-air  work  have  not  always  been 
crowned  with  success;  and,  besides,  they  could  not  be  from  their  very 
nature. 

Man  has  always  had  and  always  will  have  an  inclination  to  abandon 
that  which  is  artificial,  and  return  to  that  which  is  natural.  Civilization 
is  relatively  recent.  Before  being  civilized,  man  had  probably  lived  ten 
or  twenty  times  as  long  in  his  natural  state.  And  what  is  our  civilization  ? 
Does  it  offer  nftthing  but  advantages  ?  For  example,  have  we  not  carried 
refinement  too  far  in  the  notion  that  society  owes  certain  duties  toward 
the  individual  ?  Have  we  not  come  to  have  an  exaggerated  idea  of  human 
dignity?  Are  not  the  rights  of  the  individual  inferior  to  those  of  the 
community. 

When  men  associated  in  the  state  collectively  are  subjected  to  a 
wrong  done  by  one  who,  impelled  by  selfish  motives,  has  failed  to  recog- 
nize his  obligations  toward  his  fellows,  being  superior  to  him  politically, 
since  they  represent  the  state,  they  have  the  right  to  treat  him  as  the 
interests  of  their  society  demand.  In  view  of  these  interests,  they  can 
first  of  all  endeavor  to  reform  the  guilty  man  and  make  of  him  a  good 
citizen.  They  can  shut  him  up,  in  order  that,  for  a  certain  period  at 
least,  he  may  be  prevented  from  spreading  the  contagion  of  his  crime 
among  the  innocent,  and  perverting  good  citizens  by  his  influence. 

55 


Again,  they  may  make  him  atone  for  his  crime  by  inflicting  upon  him 
a  punishment  corresponding,  as  far  as  possible,  to  the  degree  of  his  guilt. 
Finally,  they  can  require  him  to  make  reparation. 

The  guilty  man  has,  by  his  action,  violated  one  of  the  fundamental 
laws  of  Justinian,  if  not  all  three :  honeste  vivere,  alterum  non  laederc, 
suum  cuique  tribuere  ("to  live  honestly;  not  to  injure  another;  to  render 
to  each  one  that  which  is  his  due"). 

In  a  state  of  civilization  not  far  advanced  the  state  undertakes  to 
obtain  compensation  for  that  one  of  its  members  who  has  been  individu- 
ally damaged  by  the  selfish  action.  The  criminal  owes  reparation  to  his 
victim.  He  has  an  account  to  settle  with  him.  It  is  necessary  that  he  be 
deprived  of  some  valuable  in  favor  of  the  victim.  In  consequence  of 
his  act,  he  should  lose  his  property  or  liberty  or  life.  If  he  loses  his 
liberty,  it  is  to  the  advantage  of  some  one  else.  He  is  not  supported  at 
the  expense  of  the  state.  He  must  work  in  order  to  pay  the  debt  which 
he  has  contracted  by  his  crime ;  he  must  work  for  the  benefit  of  the  one 
whose  debtor  he  is.  At  the  beginning  of  civilization  reparation  was 
considered  more  important  than  punishment.  Chastisement  was  not 
inflicted  unless  the  guilty  man  was  unable  to  furnish  the  reparation 
demanded;  or  else  it  was  added  to  the  reparation,  of  which  it  was  only 
the  complement.  Society  has  not  now  fewer  rights  than  at  its  origin. 
In  fact,  it  has  even  greater,  since  mankind  has  come  to  recognize  that 
in  the  public  interest  it  is  necessary  to  regard  crime  first  of  all  as  a 
damage  caused  to  the  entire  community,  however  disastrously  it  may 
affect  one  of  its  individual  members. 

Criminals  can  never  restore  to  the  state  all  they  cost  it.  For  the 
most  part  they  are  the  ones  who  caused  its  organization.  If,  then,  a  man 
commits  a  crime  so  grave  that  the  state  is  justified  in  depriving  him  of 
his  liberty,  a  profit,  instead  of  a  loss,  is  due  to  the  community,  if  it  is  in 
any  way  possible  to  accomplish  this  without  causing  new  wrongs.  Every 
one  should  admit  that  it  is  proper  and  useful  to  make  the  convicts  in 
prison  work,  within  certain  limits.  Is  it  unjust,  evil,  or  useless  to  make 
them  work  in  the  open  air? 

The  most  frequent  objections  to  compulsory  labor  in  the  open  air  are 
as  follows : 

1.  It  exposes  the  criminal  to  public  humiliation. 

2.  It  degrades  him,  by  making  him  fall  into  bad  company. 

56 


3.  It  exposes  him  to  the  abuse  and  tyranny  of  those  who  direct  or 
superintend  the  work. 

4.  It  facilitates  escape. 

5.  It  involves  unfair  competition  with  the  work  of  free  citizens. 
Let  us  examine  these  objections  in  their  order. 

I.  It  is  claimed  that  open-air  work  exposes  the  prisoners  to  public 
humiliation.  But  their  very  condemnation,  being  a  known  fact,  has 
already  drawn  upon  them  public  scorn.  It  is  necessary  that  a  man 
behave  very  badly,  to  lead  society  to  judge  it  necessary  to  deprive  him 
of  his  liberty  and  condemn  him. to  prison.  It  is  too  serious  a  sentence 
to  be  imposed  lightly,  since  it  is  very  rare  that  one  who  has  been 
subjected  to  it  succeeds  in  outliving  it,  and  in  reinstating  himself  in  the 
esteem  of  the  community  where  he  has  been  condemned. 

After  all,  it  is  easy  to  prevent  new  occasions  of  shame  for  the  prisoners 
by  making  them  work  within  the  inclosure  of  the  prison ;  without  great 
expense,  agricultural  lands  can  be  surrounded  .with  inclosing  walls,  in 
order  to  preserve  the  convicts  from  outside  observation.  In  most 
countries  the  majority  of  the  prisoners  belong  to  the  class  of  simple  work- 
men and  peasants.  They  have  not  learned  any  trade.  They  know  how 
to  use  only  the  simple  tools  of  the  laborer  and  excavator :  the  shovel,  pick- 
axe, and  hoe.  Then  let  the  government  buy  or  rent  extensive  fields  and 
use  these  robust  arms  for  the  improvement  of  the  soil  and  at  field  labor. 
For  the  interest  of  the  state  it  will  be  better  to  buy  these  fields ;  at  a 
moderate  price,  it  can  acquire  the  neglected  or  ruined  estates  and  render 
them  fit  for  cultivation ;  it  will  have  enough  hands  to  drain  the  swamps, 
irrigate  the  arid  fields,  construct  walls,  plant  hedges  and  forest  trees. 
These  estates,  once  improved  to  their  full  value,  can  easily  and  with  great 
profit  be  sold  and  the  process  repeated  indefinitely.  The  purchase  and 
culture  of  large  estates  necessitate,  without  doubt,  an  investment  of  large 
sums ;  but,  if  the  government  administers  this  capital  wisely,  it  will  be 
returned  with  interest. 

Several  American  states  have  adopted  this  system.  In  an  elaborate 
report  for  the  International  Penitentiary  Congress  of  1900  is  a  very  inter- 
esting account  of  the  manner  in  which  it  has  been  administered,  a  report 
made  under  the  direction  of  Mr.  S.  J.  Barrows,  commissioner  of  the 
United  States,1  by  the  secretary  of  the  bureau  of  public  charities  of  North 

1  "Prison  System  of  the  United  States,"  House  Document  No.  566,  LVI  Congress. 

57 


Carolina.  This  state  possesses  six  penitentiary  colonies,  which  form 
agricultural  communities,  because  97  per  cent,  of  the  criminals  sen- 
tenced to  the  penitentiary  belong  to  the  class  of  workmen  without  a 
trade.  They  are  for  the  most  part,  negroes.  The  fields  of  these  estates 
have  been  improved,  manured,  and  sowed  at  the  expense  of  the  state, 
which  has  invested  large  sums  in  the  important  work  of  draining  and 
damming.  From  1883  to  1889  the  execution  of  these  vast  enterprises 
demanded  an  annual  expenditure  of  $100,000,  which  was  reduced  almost 
two- thirds  from  1889  to  1893  and  more  than  three-fourths  from  1893  to 
1895.  In  1896  these  agricultural  colonies  became  self-supporting,  and, 
besides,  had  a  running  capital  exceeding  $90,000,  accumulated  in  the 
course  of  the  preceding  years.  One  guard  was  needed  for  about  ten 
prisoners.  Public  officers  direct  the  work  through  inspectors  appointed 
especially  for  this  work.  The  most  important  crops  of  these  estates  are 
cotton,  peas,  oats,  wheat,  and  other  cereals.  Large  fields  have  been  con- 
verted into  pastures  since  the  raising  of  cattle  is  carried  on  on  a  large 
scale,  and  contributes  very  much  to  the  profits  of  the  enterprise. 

It  is  less  expensive  to  employ  convicts  on  the  construction  and  repair- 
ing of  roads,  canals,  railroads,  or  other  public  works.  But  here  every 
prisoner  who  still  respects  himself  is  forced  to  be  exposed  to  new  humilia- 
tions. He  may  be  seen  by  some  old  acquaintance  who  will  not  forget,  as 
long  as  he  lives,  the  circumstances  and  place  of  this  encounter. 

Most  prisoners  are  insensible  to  shame.  They  have  become  the 
slaves  of  evil.  If  they  are  afraid  of  being  recognized,  it  is  only  because 
this  may  increase  their  chances  of  being  discovered  later  when  they 
return  to  criminal  ways  which  they  do  not  intend  to  abandon  when  they 
are  discharged. 

Those  who  have  not  lost  their  sense  of  dignity  and  who  desire  to 
retrieve  their  past  by  a  better  life  may,  without  inconvenience,  be  authorized 
to  wear  a  semi-mask  or  a  domino,  which,  without  especially  hindering 
them  in  the  execution  of  their  task,  will  prevent  them  from  being  recog- 
nized in  a  band  of  convicts.  Permission  to  wear  a  domino  might  be 
accorded  to  the  convicts  who  are  recommended  by  the  chaplain,  or  by 
some  authority  of  the  court  or  penitentiary,  and  this  privilege  might  be 
made  to  depend  on  their  good  conduct.  This  measure  might  diminish 
somewhat  the  pecuniary  return  from  the  work  of  the  prisoners ;  but  what 
will  this  slight  loss  to  the  state  signify,  compared  with  the  chance  of 

58 


reforming  a  man?  The  government  could  very  well  sacrifice  all  the 
profit  which  comes  from  the  work  of  the  convict  in  the  hope  of  restoring 
him  to  the  ranks  of  good  citizens. 

The  law  could  also  remove  the  objection  we  are  considering  by  stipu- 
lating, as  the  Prussian  penal  code  has  already  done  (§  16),  that  "no 
convict  shall  be  forced  to  work  in  the  open  air  against  his  own  desire." 

2.  It  is  perfectly  true  that  a  convict  engaged  in  agriculture  or  work 
of  public  utility  is  in  vile  company.  But  will  he  be  in  better  society  within 
the  walls  of  a  prison? 

We  may  assume  that  no  one  now  approves  of  cellular  labor,  once 
extolled,  unless  it  is  desired  to  drive  men  to  suicide  or  insanity.  When 
they  are  confined  on  a  long  sentence,  it  is  necessary  to  give  them  some 
contact  with  their  fellows.  Equally  from  the  economic  point  of  view 
work  in  common  is  necessary. 

Certainly  it  is  easier  to  prevent  all  conversation  between  the  prisoners 
and  isolate  them  completely  during  the  night  by  guarding  them  in  the 
prison,  than  when  they  are  employed  in  the  open  air.  Without  doubt  it 
would  be  possible  to  construct  vast  cellular  penitentiaries  on  the  domains 
of  the  state ;  but  this  would  soon  be  very  burdensome,  and,  besides,  since 
public  works  need  frequent  changes  of  location,  it  would  be  very  rarely 
that  the  convicts  could  be  occupied  in  places  so  accessible  to  the  prison 
that  they  could  return  each  evening. 

But,  while  admitting  freely  that  the  occupations  in  the  open  air 
increase  the  danger  of  bad  companionship,  just  as  it  does  improper  and 
degrading  communications  and  conversation,  which  it  is  much  more  diffi- 
cult for  the  guards  to  prevent  than  in  prison,  can  we  not  find  some 
indisputable  advantages  that  will  compensate  ? 

Every  man  who  works  in  the  open  air  has  beneficent  companionship 
that  will  never  be  wanting  to  him :  that  of  nature.  The  simple  aspect  of 
sun  and  sky,  of  fields  and  woods,  has  something  which  elevates  and  revives 
the  soul.  The  least  gifted  creature,  the  most  degraded,  cannot  remain  insen- 
sible to  the  immensity  of  the  world  which  surrounds  him  and  his  own 
personal  insignificance  in  the  presence  of  this  universe  which  extends 
even  beyond  the  stars  "of  the  night.  It  is  in  nature  alone  that  the  convict 
finds  a  release  from  the  misery  of  his  own  existence.  Confined  within 
four  walls,  compelled  to  work  mechanically  in  the  somber  workshop  of 
the  prison,  he  seems  even  to  forget  that  he  is  a  man.  He  cannot  forget  it, 

59 


if  he  feels  the  fecund  earth  beneath  his  feet,  the  pure  air  about  him, and  the 
infinity  of  the  heavens  over  his  head.  The  dangers  of  a  degrading  pro- 
miscuity can  certainly  be  reduced  to  the  minimum  by  a  wise  administra- 
tion. In  Georgia,  for  example,  where  convicts  and  delinquents  who  were 
sentenced  to  a  short  imprisonment  were  often  forced  to  work  side  by 
side,  the  government  was  subject  to  severe  and  just  criticism. 

If  there  are  conscientious  guards,  sufficient  in  number,  and  if  it  is 
necessary  for  the  prisoners  to  return  to  the  barracks  each  evening,  it  is 
surely  possible  to  prevent  all  communication  between  them,  both  during 
their  work,  and  during  the  night. 

Evidently  it  is  much  better  not  to  permit  the  most  depraved  criminals 
to  work  outside;  and  all  those  who  hold  improper  communication  can 
be  punished  by  confining  them  again  in  prison. 

3.  The  convict  who  works  in  the  open  air  is  more  exposed  than  in 
the  prison  to  the  abuse  and  tyranny  of  those  who  direct  the  work.  A 
guard,  who  in  prison  would  not  dare  give  free  rein  to  his  brutality  in  the 
presence  of  a  number  of  witnesses,  can  take  the  liberty  to  beat  or  insult  a 
prisoner  if  he  is  alone  with  him,  or  with  only  two  or  three  others,  as  very 
frequently  happens  in  an  agricultural  colony,  where  the  workmen  are 
necessarily  more  or  less  scattered.  There  is  a  very  simple  remedy  for 
this  evil :  to  employ  only  humane  guards. 

The  objection  really  has  no  basis  unless  the  work  of  the  prisoners  is 
leased  to  an  individual.  It  is  there  we  must  look  for  the  principal  cause 
of  the  discredit  into  which  the  system  of  compulsory  labor  in  the  open  air 
has  fallen  in  America.  The  state  has  often  undertaken  to  sell  the  labor 
of  the  convicts  to  the  highest  bidder.  The  highest  offers  would  be  very 
moderate,  since,  according  to  the  custom  established  in  the  United  States, 
the  work  of  a  convict  is  not  worth  more  than  about  one-third  of  that  of 
a  free  citizen  having  the  same  physical  ability.2  But,  whatever  the 
salary  offered,  the  patron  who  obtained  in  this  fashion  the  services  of  a 
band  of  workers  of  evil  disposition  and  obstinate,  was  strongly  tempted  to 
reduce  them  to  obedience  by  any  kind  of  measures. 

In  Texas  the  penitentiaries  contain  less  than  a  third  of  the  prisoners. 
All  the  others — about  3,000 — are  employed  at  work  in  the  open  air  and, 
with  the  exception  of  400  who  work  in  the  agricultural  colonies  of  the 
state,  are  leased  to  the  farmers,  who  hire  them  by  contract  at  a  monthly 

2  "Prison  System  of  the  United  States,"  op.  cit.,  87. 

60 


salary  of  $15  to  $20,  or  are  placed  on  the  farms  belonging  to  societies  of 
private  shareholders,  who  pay  to  the  state  half  of  the  proceeds  of  the 
enterprise.  The  convicts  are  mostly  negroes,  slothful,  without  initiative, 
and  without  resources.  The  result  is  a  large  number  of  abuses  and 
frequent  examples  of  cruelty  on  the  part  of  those  who  employ  them. 
It  has  been  discovered  that  among  the  guards  (who  are  all  appointed  and 
paid  by  the  state)  there  are  some  who  also  receive  rewards  from  the  con- 
tractors, evidently  engaging  to  favor  their  interests  to  the  detriment  of  the 
prisoners  placed  in  their  charge.3  Recently  a  committee  of  the  legislature 
has  advocated  the  abolition  of  this  whole  system  of  contracts.  These 
reproaches  do  not  so  much  apply  to  the  agricultural  colonies  of  the  state ; 
although  their  administration,  also,  has  given  occasion  for  severe  criti- 
cism. From  the  financial  point  of  view,  compulsory  work  in  the  open 
air  has  given  very  satisfactory  results.  From  1900  to  1903  the  annual 
gains  from  the  convict  labor  exceeded  the  sum  of  $133,000,  all  expenses 
deducted. 

It  is  indisputable  that  the  convicts  should  not  be  employed  at  open- 
air  work  except  by  the  government.  And  it  is  only  in  this  way  that  a 
just  and  humane  treatment  can  be  assured  them.  This  condition  is 
expressly  required  by  the  code  of  the  German  Empire  (sees.  15  and  22  of 
the  "Fundamental  Principles"). 

4.  Whatever  the  system  of  administration,  the  convict  has  a  better 
chance  to  escape  if  he  works  outside  the  walls  of  the  prison.  He  has 
already  taken  one  step  toward  liberty. 

The  chains  and  irons  used  to  prevent  this  danger  should  be  entirely 
abolished.  They  are  the  manifest  signs  of  degradation;  they  cause  the 
prisoner  a  constant  physical  discomfort,  if  not  pain ;  and  finally,  they 
hinder  him  considerably  in  his  work  and  diminish  its  product.  We 
ought  also  to  reject  the  custom  practiced  in  Russia  of  shaving  only  half 
the  head  of  the  convict.  This  procedure  without  doubt  facilitates  the 
pursuit  and  capture  of  fugitives,  but  it  inflicts  a  very  humiliating  personal 
outrage  on  the  prisoner.  Still  it  is  altogether  permissible  to  compel  him 
to  wear  a  distinctive  costume.  This  is  generally  an  adequate  means  of 
preventing  escapes  and  assuring  the  capture  of  fugitives,  and  it  does  not 
injure  the  convict.  The  state  can  also  acquire  lands  somewhat  distant 

3  See,  in  the  Annals  of  the  American  Academy  of  Political  and  Social  Sciences,  Vol. 
XXI  (1884),  an  article  on  "The  Convict  Labor  System  of  Texas." 

61 


from  the  railway  stations  and  sea-ports,  and  install  there  its  agricultural 
penitentiary  colonies. 

Let  us  add  that  open-air  occupations  under  the  conditions  suggested 
could  not  reasonably  include  the  prisoners  who  are  sentenced  for  life  or 
for  many  years  to  the  penitentiary.  Those  who  have  only  a  short  sentence 
to  serve  are  relatively  little  tempted  to  escape. 

I  do  not  wish  to  say  that  the  system  of  hard  labor  in  the  open  air 
should  not  be  applied  also,  under  harder  conditions,  to  the  recidivists  and 
incorrigibles  sentenced  to  a  penalty  of  very  long  duration,  or  indefinitely. 
They  have  lost  their  rights  as  citizens ;  they  have  voluntarily  abandoned 
their  position  as  free  members  of  an  organized  society.  Since  they  act 
thus,  they  can  be  compelled  to  work  in  gangs  on  the  public  roads,  and  be 
locked  up  again  every  evening.4 

5.  The  last  objection  which  remains  for  us  to  consider  is  this :  by 
using  convicts  in  open-air  work  an  unjust  competition  with  free  labor  is 
introduced. 

This  objection  could  be  applied  to  every  other  form  of  penitentiary 
work.  Besides,  it  goes  too  far.  If  men  were  shut  up  without  occupation, 
they  would  die  before  long,  or  become  insane.  On  the  other  hand,  it 
would  be  unjust  for  the  state  to  support  them  when  they  could  earn  their 
own  bread.  Without  doubt  it  would  not  be  proper  for  the  state,  in  its 
effort  to  save  the  criminals,  to  injure  or  destroy  the  work  of  free  work- 
men by  a  formidable  competition.  But  it  is  easier  to  avoid  this  competition 
by  employing  the  convicts  at  work  in  the  open  air  than  by  instructing  them 
to  practice  a  trade  in  prison.  Every  manufactured  article  has  a  market 
essentially  local.  Its  sale,  like  the  number  of  its  purchasers,  is  subject 
to  a  sort  of  fashion.  But  the  products  of  the  earth  are  required  by  all  men 
indiscriminately,  whatever  be  their  rank  or  nationality.  The  surplus 
product  of  one  country  finds  ready  sale  in  another.  The  field  of  the 
farmer  is  the  world.  Moreover,  if  the  agricultural  penitentiary  colonies 
are  public,  as  they  should  be,  the  prisoners  themselves  consume  the  great- 
est part  of  the  products.  Messrs,  de  Bellye  and  de  Balogh,  in  a  remark- 
able report  presented  to  the  Congress  o?  Brussels  in  1900  on  prison  reform 
in  Hungary  employ  this  language  in  respect  to  the  objection  which  now 
occupies  us : 

4  The  editor  cannot  let  this  suggestion  pass  without  protest,  if  it  involves  exposure 
to  public  gaze. — C.  R.  Henderson. 

62 


The  open  air  work  most  frequently  tried  is  the  culture  of  willows,  which  are 
used  for  basket  work.  For  some  time  also  horticulture,  viticulture,  work  on  the 
common  sewer,  the  construction  of  dikes,  cutting  down  rushes,  etc.,  have  been 
undertaken.  Very  good  results  have  been  obtained  by  the  prisoners  employed  on 
the  restoration  of  the  vineyards  of  Tokaj-Hegyalja  ravaged  by  phylloxera,  an 
enterprise  very  important  for  the  economic  interests  of  the  country. 

But  if  account  is  taken  of  the  prison  interests  and  of  the  agrarian-socialist 
movement  which  has  arisen  in  the  country,  it  should  be  sta'ted  that  the-  work  of  the 
prisoners  in  the  fields  and  gardens  should  not  be  extended  furthej.5 

It  is  legitimate  to  ask  if  the  agrarian  socialists  do  not  really  contra- 
dict their  own  principles  in  opposing  the  acquisition  by  the  state  at  the 
public  expense,  of  lands  to  be  cultivated  for  the  public  profit. 

It  next  remains  for  us  to  set  forth  the  essential  merits  of  the  system 
of  occupation  in  the  open  air,  which  we  have  not  been  able  to  present 
completely  while  discussing  the  objections  which  are  urged  against  it. 

1.  This  system  permits  the  application  of  an  acknowledged  principle, 
by  virtue  of  which  the  work  of  each  prisoner  ought  to  be  adjusted  to 
his  individual  capacity. 

A  shoemaker  for  instance,  would  not  be  placed  in  an  agricultural 
colony,  unless  he  expressed  a  desire  to  go  there.  He  would  be  more 
useful  and  happy  in  practicing  his  trade,  though  shut  up  between  four 
walls.  The  prison  itself  could  not  afford  that  intense  satisfaction  which 
every  man  feels  in  doing  the  work  he  knows  how  to  do. 

But  the  great  mass  of  convicts  do  not  know  any  of  the  trades.  They 
live  from  day  to  day.  The  work  of  agriculture  and  of  the  public  roads 
suits  them  best,  and  to  these  they  are  best  fitted. 

2.  It  also  affords  considerable  encouragement  to  the  prisoners  if  the 
permission  to  work  outside  is  accorded  to  them  as  a  privilege  which 
depends  on  their  conduct,  if  it  is  made  a  reward  whose  value  is  appre- 
ciated by  the  majority. 

Under  similar  conditions  every  man  who  enjoys  a  normal  condition  of 
health,  if  he  is  condemned  to  work  under  the  orders  and  for  the  benefit 
of  another,  certainly  prefers  to  do  the  work  in  open  air  rather  than  in 
prison. 

This  principle  has  already  been  adopted  in  Italy  (Penal  Code,  sec.  14) 
where  the  open-air  occupations,  both  in  the  agricultural  penitentiary 

8  Acts  of  the  Congress,  Vol.  IV,   525. 

63 


colonies,  and  on  works  of  public  utility,  are  accorded  as  a  reward  to  the 
convicts  who  approach  the  expiration  of  their  term  of  punishment  and 
who  have  shown  good  conduct  in  prison. 

3.  The   convicts   are   engaged   in   an   ordinary   and   useful   work,   in 
which  they  can  perfect  themselves  so  that  they  are  better  workmen  after 
they  are  discharged. 

4.  It  improves  the  country,  by  making  the  land  valuable.     As  has 
been  said,  whoever  has  made  two  blades  of  grass  grow  where  only  one 
grew  before  has  done  something  for  the  world.     The  state  accomplishes 
a  work  profitable  to  all  when  it  transforms  an  exhausted  or  arid  piece  of 
land  into  a  cultivated  garden.    It  serves  the  public  interests  by  construct- 
ing or  repairing  roads,  canals,  and  railroads. 

5.  It  is  excellent  for  the  health  of  the  prisoners.     The  regenerating 
forces  of  nature  work  unceasingly  to  keep  the  atmosphere  free  from  all 
contagion,  to  rid  it  of  every  morbid  germ.    But,  since  their  aid  is  entirely 
banished  from  the  prisons,  these  places,  in  spite  of  all  possible  cleaning, 
become  seats  of  infection  and  notably  of  tuberculosis ;  besides,  a  life  of 
sedentary  imprisonment  may  give  a  predisposition  to  tuberculosis.    Very 
few  prisons  are  found  that  are  not  impregnated  with  an  unwholesome 
odor  sui  generis. 

6.  This  brings  greater  revenue  than  the  industries  carried  on  within 
prison  walls. 

In  open  air  the  work  of  the  convicts  is  done  in  more  natural  conditions, 
since  they  engage  in  the  production  of  commodities  which  find  a  ready 
sale  in  the  entire  world,  and  in  the  building  and  maintenance  of  ways  of 
communication  which  directly  develop  and  multiply  the  commercial  rela- 
tions. If  the  government  possesses  the  roads  of  the  country,  each  day's 
work  furnished  by  a  convict  permits  it  to  save,  in  part  at  least,  the  wages 
which  it  would  have  to  take  out  of  public  revenues  to  pay  a  free  work- 
man. It  is  true  the  prisoner  takes  away  the  work  which  might  be  done 
by  the  free  man ;  but  it  is  not  a  function  of.  government  to  procure  work 
for  its  citizens. 

7.  It  is  admitted  that  field  labors  are  best  suited  to  young  minor 
delinquents,  and  most  civilized  nations  place  these  in  agricultural  peni- 
tentiary colonies  created  for  this  purpose. 

But  in  a  certain  degree  do  not  all  the  objections  which  are  raised 
against  the  system  of  convict  labor  in  the  open  air  apply  as  well  to  minors 

64 


as  to  adults?  The  most  serious  of  these,  the  danger  of  evil  companion- 
ships, certainly  exists.  No  conversation  is  so  coarse  and  cynical  as  that 
of  a  depraved  youth ;  no  adult  can  spread  the  contagion  of  his  vice  among 
his  comrades  more  quickly  or  surely  than  he. 

It  is  claimed  that  it  is  proper  to  apply  this  system,  in  spite  of  the  risks 
which  it  presents,  to  very  young  convicts,  because  it  cannot  fail  to  give 
them  useful  habits  of  labor,  even  though  it  should  fail  with  grown  men, 
with  whom  bad  habits  are  inveterate.  Such  an  affirmation  is  extreme  in 
two  directions.  While,  on  the  one  hand,  it  seems  that  a  very  large  pro- 
portion of  the  youths  who  leave  the  reformatories  return,  on  the  other 
hand,  there  is  a  large  number  of  adults  who  make  good  use  of  the  occupa- 
tion in  which  they  engaged,  or  the  trade  which  they  learned  in  the 
penitentiary. 

If  we  consider  the  history  of  the  system  of  compulsory  labor  in  the 
open  air,  it  is  seen  that  it  originated  at  a  very  early  period  and  that  to 
this  day  it  has  been  practiced  constantly,  even  if  not  always  for  the  same 
aim,  by  one  nation  or  another.  In  fact,  it  is  nothing  but  the  penitentiary 
colony  localized  in  the  country. 

This  system  has  not  always  been  applied  with  judgment  and  humanity. 
It  has  been  abolished  in  England  by  public  opinion,  which  is  strongly 
opposed  to  the  degrading  promiscuity  to  which  it  exposes  the  workers. 
Mr.  William  Tallock  condemns  it,  as  he  himself  states,  because  of  this 
principle,  which  will  always  remain  fundamental :  "It  is  that  the  congre- 
gate life  of  the  prisoners  and  vagabonds  annuls  the  regenerative  and 
repressive  effect  of  the  punishment."  6  He  admits,  however,  that  it  may 
have  some  advantage,  in  certain  cases,  by  permitting  tlie  field  labors  to  be 
done  by  small  groups  chosen  from  the  prisoners  who  were  condemned 
for  slight  offenses.7 

In  my  opinion  that  is  the  main  point  of  the  question.  The  occupations 
in  the  open  air  cannot  be  permitted  to  all  convicts,  any  more  than  the 
same  kind  of  labor  could  be  allotted  to  all  indiscriminately.  In  general  it 
would  be  well  to  permit  work  outside  to  be  done  only  by  the  prisoners 
who  would  not  be  strongly  tempted  to  escape,  and  as  far  as  possible  this 
permission  should  be  accorded  as  a  recompense  to  those  who  merit  it  for 
their  conduct  and  who  manifest  the  desire  to  obtain  it.  This  result  was 

6  Penological  and  Preventive  Principles,  222. 
''Ibid.,  225. 

65 


secured  by  the  author  of  some  interesting  experiments  which  were  made 
during  the  construction  of  the  fort  of  Civita-Vecchia,  erected  in  1882-83 
under  military  direction,  and  which  were  described  in  a  report  presented 
to  the  Congress  of  Rome  in  1885.® 

It  is  at  once  important  and  possible,  in  forming  the  groups  of  con- 
victs who  are  to  work  and  sleep  in  common,  to  exclude  those  who  might 
be  radically  perverted  and  depraved  (supposing  that  any  of  this  sort  are 
found  among  those  authorized  to  work  in  the  open  air)  and  place  them 
apart.  Those  convicts,  Tike  scabby  sheep  in  a  flock,  can  also  be  employed 
in  the  open  air,  as  we  have  already  said,  not  according  to  their  desire  or  as 
a  recompense,  but  by  force  and  at  the  most  difficult  public  works.  The 
only  profit  which  can  be  acquired  from  men  of  this  class  is  the  product 
of  their  labor.  Then  let  the  hard  toil  of  work  on  the  road  or  at  tilling 
be  reserved  for  such. 

In  Austria  these  convicts  are  completely  excluded  from  every  kind  of 
occupation  in  the  open  air.  Only  the  prisoners  with  best  records  are 
authorized  to  take  part  in  the  work  in  the  open  air,  which  is  undertaken 
both  for  the  government  and  for  particular  employers.  In  the  last  case, 
the  state  leases  workers  by  groups  composed  of  at  least  ten  convicts,  and 
furnishes  a  guard  for  each  group.  Fundamentally  this  entire  question  is 
purely  one  of  administration.  As  long  as  Sir  Walter  Crofton  was  gen- 
eral director  of  the  prisons  of  Ireland,  the  agricultural  penitentiary 
colony  of  Lusk,  whither  the  most  meritorious  convicts  could  obtain  the 
privilege  of  being  transferred  toward  the  end  of  their  penalty,  won  the 
admiration  of  all  who  studied  penal  discipline.  When  he  resigned  his 
position,  this  establishment,  falling  into  other  hands,  degenerated  to 
such  a  point  that  Sir  Crofton  himself  did  not  hesitate  to  join  the  pro- 
tests raised  against  its  maintenance,  and  it  was  abolished  in  1887. 

If  convicts  are  employed  on  public  works,  it  is  evidently  necessary  to 
observe  the  greatest  prudence  and  discernment  in  order  to  employ  them 
in  places  and  circumstances  where  it  will  be  possible  to  prevent  all  con- 
tact between  them  and  free  citizens.  It  is  absolutely  necessary  to  prevent 
them  from  working  with  free  workmen.  This  is  one  of  the  abuses  which 
has  done  the  most  to  discredit  this  system  and  it  should  never  be  toler- 
ated. The  penal  code  of  the  German  Empire  formally  forbids  it.  Neither 
should  the  prisoners  be  employed  in  the  streets  of  a  city,  where,  if  one 

8  Acts  of  the  Congress,  Vol.   Ill,   193. 

66 


of  them  should  try  to  escape,  the  guard  in 'shooting  at  him,  might  hit 
some  one  passing  by.  Appropriate  conditions  of  time  and  place  should 
be  considered  with  the  greatest  care. 

The  Congress  of  Rome  decided  that  "the  establishment  of  open-air 
work  for  those  condemned  to  penalties  of  some  duration  can  be  recom- 
mended in  certain  countries  and  certain  surroundings."  This  moderate 
and  prudent  solution  may  be  expressed  in  more  positive  and  precise 
terms,  in  order  to  permit  further  discussion.  Whatever  we  may  think 
of  work  on  the  road,  or  other  occupations  in  the  open  air,  for  irremediably 
depraved  and  incorrigible  prisoners  we  maintain  that,  in  every  country, 
the  state  has  the  right  to  employ  certain  convicts  at  agricultural  enter- 
prises organized  and  possessed  by  the  government,  and  that,  moreover, 
this  right  may  be  exercised  to  the  advantage  of  the  state  and  of  the  con- 
victs, provided  it  is  under  a  humane,  discrete,  and  judicious  administra- 
tion and  care,  and  that  the  open-air  work  is  reserved  for  the  prisoners  for 
whom  it  is  individually  suitable. 


REPORT  OF  M.  J.  P.  VINCENSINI 

DIRECTOR  OF  THE  CENTRAL  PRISON  OF  MONTPELLIER,  FRANCE 
[TRANSLATOR,  C.  R.  HENDERSON] 

The  question  of  principle  does  not  appear  to  me  to  present  any 
difficulty,  and  so,  in  the  interest  of  individuals  as  well  as  of  intelligent  and 
reformatory  repression,  the  organization  of  agricultural  work  and  labor 
in  the  open  air  ought  to  be  advocated  and  authorized. 

All  those  who,  previous  to  conviction,  have  been  workers  in  the  soil, 
farmers,  vine-growers,  laborers,  should  be  occupied  after  their  conviction 
in  labor  of  the  same  kind.  Labor  in  shops  ought  to  be  reserved  entirely 
for  industial  workmen  or  persons  belonging  to  town  population,  who 
will  return  to  the  city,  who  have  no  trade,  and  who  in  prison  might  serve 
apprenticeship  to  a  calling  by  which  they  can  earn  a  living  after  liberation. 

The  system  of  confining  all  in  the  same  establishment,  without  regard 
to  differences  of  origin,  and  without  thought  of  what  they  will  do  after 
discharge,  is  not  suitable.  The  effects  are  heart-breaking  and  the 
penalty  is  not  equal  for  all.  It  is  evident  that  in  body  and  disposition  the 
man  who  is  accustomed  to  live  in  the  open  air,  to  move  freely  in  a  pure 
atmosphere  in  space  without  limit,  will  suffer  much  more  from  incarcera- 
tion than  the  man  who,  accustomed  to  work  in  a  room  or  shop  in  a  city, 
has  always  been  shut  up  within  walls,  and  has  never  had,  except  at  rare 
intervals,  the  happiness  of  breathing  and  moving  as  he  pleased.  The 
man  who  has  led  a  rural  life  suffers  more  and  loses  vitality  sooner  in  the 
prison.  Whatever  the  work  given  him  and  whatever  his  good  will,  his 
power  does  not  pass  certain  limits.  He  may  obey,  but  he  knows  that  he 
will  never  follow  the  calling  which  he  is  taught,  and  which  he  does  not 
learn  thoroughly,  and  so  he  works  without  zest.  His  production  is  almost 
always  relatively  inadequate,  as  compared  with  that  of  the  urban  work- 
men, and  his  guards  are  tempted  to  regard  him  as  rebellious,  lazy,  or 
unskilful.  This  is  a  grave  error.  If  he  does  not  produce  much  and  of 
good  quality  it  is  because  work  contrary  to  his  nature  is  imposed  on  him, 
in  surroundings  not  familiar.  Put  this  same  man  in  open  air  and  his 

68 


attitude  changes.  He  accomplishes  what  the  urban  workman  could  not 
do.  In  his  turn  he  does  more  and  better  work.  When  he  plies  pick  or 
spade  he  knows  what  he  is  about,  as  the  other  knows  how  to  use  his  file 
or  his  hammer ;  and  so  he  becomes  more  and  more  useful. 

Having  passed  nine  years  in  the  agricultural  prisons  of  Corsica,  I  had 
occasion  to  observe  that  the  cultivators  of  the  soil  were  in  their  place: 
there,  and  that  they  did  better  than  in  the  closed  prisons  whence  they 
were  sent.  There  was  an  enormous  difference  between  the  peasants  and 
the  urban  convicts.  The  former  were  submissive  and  industrious,  the 
latter  undisciplined  and  lazy.  In  my  view  work  in  open  air  should  be 
reserved  for  farmers,  vine-growers,  and  others  accustomed  to  field-work 
or  public  works,  to  the  exclusion  of  those  who  have  been  convicted  of 
vagabondage  or  mendicancy  and  have  no  home. 

The  organization  of  work  in  the  open  presents  no  difficulties  nor 
dangers,  and  may  give  good  results.  If  one  admits  to  the  works  or  agri- 
cultural establishments  only  real  cultivators,  men  having  a  home  and 
desirous  of  returning  to  their  families,  there  will  be  few  escapes.  In  the 
prisons  of  Corsica,  where  the  prisoners  were  in  constant  contact  with  the 
free  population,  and  where  they  could  procure  the  means  of  escape  not 
only  from  the  prison  but  from  the  district,  the  escapes  were  rare.  It  was 
only  the  men  without  a  future  who  ran  away.  Almost  all  were  brought 
back  to  the  establishment.  The  true  cultivators  of  the  soil,  the  laborers, 
did  not  attempt  to  escape.  I  have  known  some  of  them  who  did  not  need 
to  be  supervised  and  who  interested  .themselves  in  the  crops  and  stock- 
raising  as  if  they  were  really  proprietors  of  the  farm. 

In  1884  and  1885,  at  the  central  prison  of  Embrun,  now  suppressed, 
thirty  prisoners  went  out  daily  twenty  or  thirty  kilometers  from  the 
establishment  to  labor  on  the  railroad.  They  went  every  morning  by 
train  and  returned  in  the  evening  by  the  same  means.  From  the  station 
to  the  prison  they  were  escorted  by  two  guards.  There  were  no  escapes. 
Some  attempted  at  first  to  introduce  tobacco.  These  were  punished  and 
did  not  go  out  again.  That  was  all.  In  Algeria  almost  all  prisoners  work 
outside  and  no  serious  criticism  has  been  made. 

When  any  person  has  lived  in  these  institutions,  when  one  has  seen  and 
directed  prisoners  working  in  open  air,  he  is  convinced,  as  I  am,  that 
there  is  a  moral  interest,  without  speaking  of  a  material  interest,  which 
is  also  great,  but  which  I  do  not  treat  in  this  brief  report,  in  organizing 

69 


work  in  open  air  for  the  convicts  of  whom  I  have  spoken.  They  are  no 
longer  the  suspicious  figures  of  the  central  prison  that  we  have  before 
us.  The  look  is  direct,  the  bearing  is  correct,  the  attitude  easy,  natural, 
respectful,  without  being  obsequious.  The  prisoners  working  at  an  occu- 
pation which  pleases  them,  give  themselves  to  it  and  become  useful 
and  intelligent  helpers  of  those  who  direct  the  labor.  The  orders  given 
are  often  executed  with  devotion  and  intelligence,  and  it  would  be  easy 
for  me  to  cite  numerous  cases  among  the  prisoners  of  men  who  are 
entirely  renewed  in  moral  character.  I  have  witnessed  touching  examples 
among  them  of  efforts  to  save  life  in  fires  and  to  render  h~lp  to  shipwrecked 
persons,  and  I  have  seen  them  do  acts  worthy  of  praise  and  which  proved 
that  they  had  become  men  in  the  best  meaning  of  the  term. 

Work  in  the  open  air  may  vary  with  the  conditions  of  the  country. 
I  have  seen  men  employed  in  digging  canals,  filling  up  marshes,  clearing 
brushwood,  cultivating,  planting  vines,  creating  artificial  prairies,  stock- 
raising,  constructing  roads,  cutting  wood.  All  that  properly  belongs  to 
them  they  can  do.  In  Corsica  they  have  created  estates  of  considerable 
value.  At  Fontevrault,  near  Samur,  they  have  cleared  lands  and  drained 
regions  which  now  belong  to  the  reform  school  of  St.  Hilaire.  The 
utility  of  this  labor  is  no  longer  in  doubt. 

It  seems  to  me  that  institutions  can  be  installed  anywhere  for  those 
who  ought  to  be  given  outdoor  work.  These  establishments  need  not 
resemble  other  prisons  in  appearance,  methods,  or  food.  In  some  cases 
mere  movable  barracks  seem  to  be  sufficient.  One  must  take  account  of 
situations  where  location  of  works  must  frequently  change.  It  should  be 
made  easy  to  break  camp  and  settle  elsewhere.  In  other  circumstances 
more  permanent  quarters  may  be  provided,  as  where  many  months  or 
years  are  to  be  spent  in  a  place,  but  in  any  case  I  object  to  buildings 
which  are  costly  and  fine.  Simple  farm  buildings  are  sufficient.  I  advise 
that  each  camp  have  places  for  disciplinary  punishment,  but  in  case  of 
habitual  misconduct  the  best  punishment  would  be  to  send  them  to  cellu- 
lar prisons  without  giving  them  "good  time"  for  a  term  served  in  cells. 
Each  camp  should  provide  for  each  100  persons :  2  tailors  who  keep  the 
clothing  and  linen  in  order ;  I  shoemaker ;  2  in  the  laundry ;  I  cook ;  I 
smith  to  mend  tools :  I  baker ;  2  assistants  for  the  cook,  the  baker,  and 
other  services.  At  the  head  of  each  farm  should  be  placed  a  superintend- 
ent and  a  sufficient  number  of  guards,  I  guard  to  10  prisoners. 

70 


The  food  should  le  like  that  of  workmen  of  the  same  locality.  Wages 
should  be  such  as  to  enable  them  to  pay  cost  of  their  keeping  and  leave 
some  remainder.  Equality  with  free  workmen  would  thus  be  complete. 
It  follows  that  prisoners  would  not  be  paid  except  as  they  work.  They 
might  be  granted  coffee,  wine,  and  tobacco  at  their  own  cost. 

I  do  not  insist  further.  I  merely  sketch  th^  outlines,  for  here  only 
general  ideas  are  possible.  One  could  not  imagine  a  method  which  in  all 
respects  would  fit  all  countries.  All  things  differ  according  to  places, 
temperaments,  resources.  All  that  we  can  affirm  everywhere  is  that  work 
in  the  open  air  is  suitable  for  certain  categories  of  prisoners,  that  the 
necessary  organization  is  easily  made,  and  that  it  ought  to  be  such  as 
to  involve  the  least  expense  possible  and  not  give  the  convicts  a  position 
superior  to  that  of  free  laborers. 


REPORT  PRESENTED  BY  ALBIN  UHLYARIK 

DIRECTOR   OF   THE    PENITENTIARY    AT    SZAMOSUJVAR 

[TRANSLATOR,    H.    H.    LE    DREW] 

The  employment  of  criminals  at  agricultural  and  horticultural  work, 
as  well  as  at  works  of  public  utility  carried  on  in  the  open  air,  would 
justify  itself  upon  the  same  principles  as  those  which  govern  the  humane 
application  of  punishment  through  loss  of  liberty,  seeing  that  sections  29, 
37,  and  40  of  the  Hungarian  penal  code  admit  of  the  employment  of 
criminals  at  work  performed  outside  the  walls  of  the  penitentiary. 

Granted  that  occupation  at  public  work  is  an  alleviation  of  the  pun- 
ishment, an  alleviation  recommended  by  reason,  I  am  convinced  that  this 
kind  of  work  could  be  permitted  to  inmates  of  penitentiaries  by  virtue  of 
the  principles  stated  below.  First  of  all  this  invaluable  favor  could  be 
accorded  only  to  those  convicts  who  had  already  served  half  their  sen- 
tence and  who  had  at  the  same  time  some  chance  of  securing  their  trans- 
fer to  an  intermediate  institution  or  of  being  dismissed  on  conditional 
release.  That  favor  ought  to  be  granted,  then,  to  those  who  have  furnished 
proof  of  their  improvement  as  well  as  of  their  repentance,  of  indefatigable 
activity,  and  of  unquestioned  moral  regeneration ;  in  other  words,  those 
of  whom  one  is  justified  in  supposing  that  they  have  returned  to  the  right 
way,  whose  trade  is  not  out  of  harmony  with  this  work,  and  who  engage 
voluntarily  to  do  this  public  work  outside  the  walls  of  the  penitentiary, 
or,  to  speak  more  accurately,  who  consent  to  do  the  work  which  is  assigned 
them.  Without  doubt  employment  at  work  done  in  the  open  air  con- 
stitutes a  very  great  benefit,  making  it  much  easier  for  criminals,  who  are 
adapted  to  this  work  and  show  themselves  deserving  of  it,  to  bear  their 
punishment.  The  introduction  of  this  work  into  the  penitentiary  can 
therefore  be  recommended  upon  humanitarian  grounds.  But,  although 
this  aspect  of  the  question  deserves  to  be  considered,  I  am  of  the  opinion 
that  there  is  a  reason  of  still  greater  importance,  viz.,  occupation  in  the 
open  air  constitutes  a  great  moral  factor  which  one  can  reasonably  employ 
for  the  moral  improvement  of  the  criminal.  He  aspires  quite  naturally, 

72 


and  always  in  increasing  measure,  to  be  employed  at  work  in  the  open 
air ;  he  strives  with  all  his  might  to  preserve  this  favor  and  refrains  from 
doing  anything  which  might  result  in  his  losing  it.  Experience  has 
shown  that  agricultural  labor  and  viticultural  work  softens  the  criminal 
and  exercises  an  ennobling  effect  upon  his  mind.  Besides  that  consider- 
ation, which  has  its  importance,  there  is  another  which  pleads  in  favor 
of  agricultural  labor  for  criminals.  In  our  country,  especially,  where  the 
majority  of  the  population  are  engaged  in  agricultural  work,  it  is  not 
without  importance  to  occupy  the  prisoners  with  work  similar  to  that 
which  they  have  pursued  in  the  past,  whether  agricultural"  or  horticultural, 
giving  them  practice  and  rational  instruction  in  a  profession  which  they 
will  in  all  probability  continue  to  follow  after  liberation,  and  which  cor- 
responds the  better  to  their  aspirations  as  well  as  to  their  manner  of  life. 
And  if,  moreover,  we  perfect  them  in  their  trades,  we  shall  have  con- 
tributed in  large  measure  to  assuring  them  a  future  livelihood  by  a  more 
complete  professional  education. 

It  is  necessary  that  the  director,  placed  at  the  head  of  an  establishment 
of  detention,  be  a  severe  judge,  but  just  and  fair  to  all  those  whom  fate 
has  placed  in  his  hands.  But  it  is  necessary  that  he  be  at  the  same  time, 
and  above  all  things  else,  the  teacher  and  educator  of  these  prisoners 
intrusted  to  his  care.  Conformable  to  these  principles,  it  is  necessary  that 
he  devote  a  great  deal  of  his  attention  to  the  public  works  in  a  way  to 
secure  moral  improvement  of  the  prisoner.  Public  work  done  in  the  open 
air  offers  also  this  advantage,  that  it  does  not  enter  into  competition 
with  free  labor,  a  circumstance  calculated  to  diminish,  at  least,  the 
complaints  and  recriminations  of  free  laborers,  if  not  to  suppress  them 
completely. 

Our  rural  workmen  depreciate  gardening  on  the  ground  that  it  is 
mean  and  unworthy  of  a  man  and  fit  only  for  women  and  children.  They 
have  not  learned  how  productive  this  occupation  may  be  made.  They  do 
not  yet  believe  that  it  demands,  not  only  a  vast  amount  of  physical  force, 
but  also  a  great  deal  of  skill,  which  alone  can  procure  as  a  result  an 
adequate  return  for  toil.  "Horticulture  is  a  science;  its  secrets  are 
manifold  and  their  discovery  constitutes  a  victory  over  nature.  Nature 
plays  at  hide  and  seek,  but  she  consents  to  let  herself  be  caught."  He 
who  knows  how  to  go  about  it  intelligently  will  not  fail  to  find  in  plant 
life  that  gold  mine  which  will  enhance  the  welfare  of  mankind.  I  think, 

73 


then,  that  the  employment  of  prisoners  in  these  occupations  is  reasonable, 
and  calculated  to  attain  the  desired  end.  In  passing,  I  shall  say  a  few 
words  concerning  the  work  of  regulating  watercourses,  constructing 
dykes,  and  laying  out  roads,  as  being  public  works  done  in  the  open  air 
by  inmates  of  penitentiaries  and  establishments  of  detention.  These 
works  intrusted  to  prisoners  may  be  the  source  of  great  benefit  to  the 
state,  without  taking  into  account  that,  in  intrusting  to  these  convicts  the 
work  of  excavation  done  with  a  view  to  bringing  to  light  the  antiquities 
which  the  earth  conceals  in  her  bosom,  one  would  render  a -signal  service 
to  science  and  that  at  a  minimum  of  expense. 

But  as  I  think  that  horticulture  and  agriculture  are  not  only  the  most 
important  of  all  the  public  works  done  in  the  open  air,  but  also  the  most 
advantageous  for  prisoners  who  are  employed  in  them,  their  introduction 
into  the  programme  ought  to  be  realized  in  the  first  place,  with  the  under- 
standing (and  that  all  the  more  that  they  rest  upon  fixed  foundations), 
that  they  can  be  organized  in  conformity  with  rational  principles,  and 
that  their  admission  to  the  number  of  penal  works  would  not  encounter 
any  insurmountable  difficulty  in  the  majority  of  penitentiaries.  It  is  well 
understood  that  it  is  important  to  bring  great  wisdom  and  vigilance  to 
the  devising  and  execution  of  plans  for  the  realization  of  this  labor 
programme. 

First  of  all  the  prisoners  designated  for  this  kind  of  work  ought  to  be 
chosen  with  great  care,  so  that  there  can  be  no  room  for  fear  of  abuses, 
escapes,  or  acts  of  insubordination.  To  these  ends  it  is  important  that  the 
prisoners  be  carefully  warned  beforehand  that  immediate  and  rigorous 
repression  will  be  the  consequence  of  any  conduct  contrary  to  the  regula- 
tions. A  strict  surveillance  will  be  exercised  with  a  view  to  a  complete 
isolation  of  the  prisoners  from  free  laborers.  The  personnel  shall  be  well 
chosen  and  provided  with  the  most  minute  instructions.  Their  duty  is 
to  see  with  jealous  care  that  a  discipline  without  reproach,  an  inviolable 
order  may  rule  the  prisoners  detailed  for  this  work,  since  neglect  would 
tend  to  lighten  the  severity  of  the  punishment  which  deprives  of  liberty. 

I  believe  there  is  need  of  totally  eradicating  the  idea  of  production 
carried  on  with  a  view  to  sale  on  the  market.  Such  production  ought  to 
be  applied  exclusively  to  furnishing  supplies  necessary  for  the  mainte- 
nance of  the  prisoners. 

Forestry,  arboriculture,  vine-grafting,  silk  culture,  and  apiculture 

74 


could  be  combined  advantageously  with  field  and  garden  work,  and  the 
prisoners  could  receive  thorough  instruction  in  all  the  branches  of  the 
profession  of  agriculture.  And  although  all  these  occupations  are  intro- 
duced, in  the  first  place,  less  for  the  material  profit  than  for  moral  and 
educational  advancement  of  the  prisoners,  it  is  none  the  less  certain  that 
they  would  not  fail  to  yield  a  material  profit — nay,  even  a  gain  of  consid- 
erable importance,  provided  always  that  they  are  managed  in  a  rational 
manner  and  submitted  to  strict  supervision. 

I  close  my  modest  commentary  with  an  exposition  of  conditions  under 
which  the  penitentiary  at  Szamosujvar  has  employed  its  inmates  for  five 
years  already  at  outside  garden  work,  in  conformity  with  the  principles 
and  methods  above  outlined.  This  penitentiary  establishment  cultivates 
an  area  of  n  arpents  and  1,300  toises  (=6.5  hectares)  rented  with  a  view 
to  producing  kitchen  vegetables  necessary  for  its  maintenance.  This 
cultivation  is  sufficient  for  its  needs,  for  the  establishment  consumes  only 
its  own  products  and  buys  absolutely  nothing  in  the  free  market.  Garden- 
ing is  combined  with  nursery  work  and  a  little  apiculture.  During  these 
five  years  a  total  of  254  individuals  have  been  employed  in  outside  work, 
and  only  six  cases  of  insubordination  have  occurred.  The  men  have 
worked  gladly  and  with  much  zeal,  and,  to  use  a  trite  expression,  "have 
gone  through  fire"  in  order  to  obtain  the  privilege  of  going  to  work  in 
the  open  air,  preliminary  to  their  restoration  to  conditional  liberty  or 
their  transfer  to  an  intermediary  establishment.  At  noon  their  lunch  is 
brought  to  them  where  they  are ;  in  the  evening  they  generally  get  dinner 
for  themselves,  preparing  ordinary  vegetables  which  have  grown  on  the 
place,  and  returning  to  the  penitentiary  at  nightfall.  As  to  profits,  let  me 
mention  that  in  the  course  of  the  five  years  the  net  gain  has  amounted  to 
11,000  crowns,  which  has  brought  to  the  treasury  more  than  200  crowns 
per  year  per  arpent.  As  to  the  moral  gain  I  affirm  categorically  that  the 
work  of  gardening  has  had  an  ennobling  and  softening  influence  upon  the 
character  of  the  men  employed.  I  have,  moreover,  certain  information 
concerning  a  number  of  men  who  have  derived  advantages  in  their  free 
life  after  liberation,  from  things  learned  during  their  detention  in  this 
experience  with  gardening. 


75 


REPORT  PRESENTED  BY  KARL  HAFNER 

DOCTOR  OF  LAWS,   ZURICH 

[TRANSLATOR,  ELIZABETH  FORREST] 

The  punishment  which  involves  the  loss  of  liberty  ought  not  to  be 
hurtful  to  the  health  of  the  convict.  It  is  not  right  to  impose  on  anyone 
an  occupation  which  endangers  his  life.  The  work  must  be  in  harmony 
with  the  end  sought  in  pronouncing  the  sentence.  The  work  ought  to 
enable  the  prisoner  to  provide  better  for  his  support  after  discharge,  or 
at  least  to  permit  him  to  do  as  well  as  he  could  before  he  entered  the 
penitentiary.  These  are  the  principles  which  should  be  the  norm  for  the 
choice  of  all  work  required  in  the  prison  or  in  the  open  air. 

The  manner  in  which  formerly  certain  public  work  was  done  by  con- 
victs or  galley-slaves  gave  only  too  much  justification  for  the  criticism 
of  opponents  of  work  of  prisoners  in  the  open  air.  Moreover  these 
occupations  have  been  systematically  antagonized  and  completely  dis- 
credited by  the  partisans  of  the  cellular  system. 

Work  in  the  open  air  cannot  and  ought  not  to  be  re-established  in 
its  earlier  form ;  but  it  should  be  adapted  to  the  demands  of  recent  opinion 
in  the  matter  of  administering  punishment.  There  are  a  number  of  out- 
door occupations  which  are  perfectly  suitable  and  which  a  number  of 
countries  have  adopted  for  their  penitentiaries,  with  or  without  consider- 
ing the  end  of  punishment.  Among  these  occupations  there  is  one  which 
holds  the  first  place  and  to  which  scarcely  anyone  thinks  any  longer  of 
raising  serious  objections — it  is  the  cultivation  of  land  inclosed  by  a  wall. 
But  another  kind  of  work  as  justifiable  is  that  of  agricultural  improve- 
ment of  land  belonging  to  an  establishment  and  situated  outside  the 
inclosing  wall.  Agriculture  is  for  various  reasons  the  most  important 
outdoor  work.  It  has,  however,  the  inconvenience  of  being  greatly  inter- 
rupted by  winter,  but  there  is  the  same  inconvenience  in  manufactures  or 
in  trades  in  which  there  are  dead  seasons. 

At  first  sight  there  may  be  some  hesitation  over  the  question  of  whether 
prisoners  may  be  employed  in  the  open  air  with  work  other  than  that  of 

76 


agriculture,  for  example  with  the  improvement  of  the  soil  of  certain 
places,  with  draining,  with  the  excavations  of  gravel  and  sand  pits,  with 
the  construction  of  roads,  bridges,  canals,  harbors,  and  fortifications,  and 
with  the  building  of  new  penitentiaries,  etc.  All  this  work  has  already 
been  done  by  prisoners.  In  theory  there  is  no  difference  between  such 
work  and  tnat  of  agriculture.  The  same  rules  and  the  same  conditions 
are  applicable  to  all  work  in  the  open  air.  Although  the  prisoner 
employed  out-doors  does  his  work  under  different  conditions  from  those 
of  the  convict  in  the  cell,  the  character  of  the  punishment  ought  not  to  be 
changed.  Outdoor  work  must  be  done  under  the  constant  supervision  of 
capable  and  vigorous  guards.  In  certain  cases  it  is  an  advantage  to  form 
little  groups  independent  of  each  other.  The  organization  ought  always 
to  be  such  as  to  allow  of  observation  and  constant  oversight  of  each  of 
the  prisoners.  For  this  reason  it  is  important  to  arrange  for  a  sufficient 
number  of  guards.  In  order  that  outdoor  work  may  be  uniform  the 
direction  of  it  must  be  given  to  a  responsible  specialist  who  understands 
perfectly  the  work  to  be  done  (a  farmer,  an  engineer,  a  steward,  an 
architect,  etc.). 

No  conversation  except  that  absolutely  necessary  to  the  work  in  hand 
ought  to  be  allowed  ,among  prisoners.  In  making  up  a  group  of  labor- 
ers, in  order  to  avoid  the  danger  of  contagion,  the  character  of  the  prison- 
ers fit  to  work  together  ought  to  be  considered.  Work  in  the  open  air  is 
allowable  only  when  trie  shop  or  the  field  is  isolated  and  away  from  public 
sight,  or  when  means  can  be  taken  to  stop  all  communication  with  the 
outside  world.  It  is  by  this  method  that  one  can  succeed  in  making  the 
prisoners  feel  conscious  of  their  confinement,  without  cruelly  wounding 
the  self-respect  of  these  unfortunate  beings  and  making  them  consider 
themselves  publicly  disgraced. 

Some  measures  of  precaution  are  required  and  are  possible  when  work 
in  the  open  air  gives  occasion  for  escape,  as  when  agricultural  work  is 
carried  on  over  large  areas  of  land.  For  example,  small  fire-arms  may 
be  supplied  to  the  attendants  or  dogs  can  be  used  to  assist  in  guarding 
convicts.  If  the  local  circumstances  permit,  a  telephone  may  render  good 
service.  In  the  cultivation  of  a  limited  area,  the  land  can  be  inclosed 
without  great  expense. 

One  of  the  necessary  conditions  of  all  open-air  work  is  that  the  con- 
victs be  taken  back  to  their  cells  every  night.  Let  them  not  be  sheltered 

77 


in  common  dormitories.  It  would  be  better  to  give  up  outdoor  work 
than  resort  to  barracks. 

The  moral  influence  of  academic  and  religious  instruction  ought  not 
to  be  neglected  even  in  times  of  hurry.  During  the  part  of  the  summer 
when  the  work  is  urgent  Sunday  can  be  devoted  to  instruction  and  at  the 
same  time  to  visiting  convicts  in  their  cells.  Whatever  the  circumstances 
may  be,  no  work  should  be  done  out-doors  on  Sunday,  not  even  agricul- 
tural labor,  which  one  is  sometimes  tempted  to  do. 

If  all  the  foregoing  conditions  are  met,  and  they  ought  to  be  met 
in  the  case  of  prisoners  permitted  to  work  in  the  open  air  as  a  recom- 
pense of  good  conduct;  but  some  of  these  provisions  may  be  neglected 
when  one  controls  or  establishes  an  intermediate  institution — if,  we  say, 
all  these  conditions  are  fulfilled,  the  objection  that  outdoor  work  con- 
tradicts the  spirit  of  punishment  is  no  longer  reasonable  and  breaks  down 
of  its  own  weight.  The  uniform  worn  by  the  prisoner  distinguishes  him 
from  the  rest  of  the  population;  if  then  the  rules  which  we  have  just 
stated  are  observed,  the  convict  ought  to  feel  constantly,  as  much  as  the 
prisoner  in  the  workshop  the  continuous  power  of  the  law  and  at  the  same 
time  the  purpose  of  punishment 

The  choice  of  prisoners  for  outdoor  work  ought  to  be  made  with  the 
greatest  care.  On  principle  the  convicts  of  every  category,  the  prisoners 
for  a  short  term  as  well  as  those  in  the  penitentiary,  can  be  employed  in 
this  kind  of  work.  However,  it  must  be  remembered  that  when  the  con- 
vict leaves  the  prison  he  ought  to  be  able  to  make  his  living  more  easily 
than  before,  or  at  least  as  well,  by  the  work  with  which  he  was  occupied 
in  the  penitentiary.  It  is  true,  unfortunately,  that  this  result  cannot  always 
be  obtained.  Unless  for  special  reasons  people  should  not  be  employed  in 
the  open  air  who  have  learned  a  trade  which  is  used  in  a  work-shop,  but 
they  should  by  preference  be  kept  at  this  trade  if  circumstances  permit. 

Short-term  convicts  can  very  well  be  employed  in  outdoor  work 
when  there  is  no  work  for  them  in  the  industries  of  the  penitentiary,  and 
if  their  crime  is  of  such  a  nature  that  the  punishment  does  not  forbid  work 
in  the  open  air — because,  for  long-term  convicts  outdoor  work,  outside 
or  within  walls  is  really  a  necessity.  This  work  is  equally  well  suited  to 
the  habitues  of  the  house  of  detention,  that  is  to  those  recidivists  who 
constantly  return  to  this  place  for  slight  misdemeanors.  Consequently  it 
is  important  that  each  penitentiary  be  able  to  employ  permanently  a  cer- 

78 


tain  number  of  its  prisoners  with  work  in  the  open  air.  Agricultural 
work  can  be  recommended  above  all,  because  it  provides  for  the  important 
and  permanent  needs  of  the  establishment  (milk,  vegetables,  etc.).  All 
large  penitentiaries  have  among  the  prisoners  some  who  are  farmers 
and  to  whom  can  be  intrusted  the  work  of  the  farm  and  the  stable. 
Persons  of  feeble  health,  the  infirm  and  the  convalescent,  will  always  find 
easy  work  for  themselves  in  the  garden,  the  meadows,  and  the  fields.  Of 
all  the  occupations  which  can  be  introduced  into  a  house  of  detention  none 
is  better  than  agriculture  to  make  use  of  various  physical  and  intellectual 
powers. 

If  one  wishes  to  respond  to  the  demand  of  the  day  in  inflicting  punish- 
ment, much  more  importance  must  be  given  to  work  in  the  open  air  than 
has  hitherto  been  given  it.  This  consideration  is  especially  applicable  to 
horticulture  and  agriculture,  for  these  occupations  can  easily  be  intro- 
duced into  most  penitentiaries,  where  they  have,  better  perhaps  than  any 
other  kind  of  work,  a  happy  influence  on  the  health  of  convicts.  This  is 
a  most  important  point  to  be  considered  in  the  infliction  of  punishment. 
We  wish  to  fortify  the  prisoner  for  the  struggle  for  existence  which 
awaits  him  and  which  he  ought  to  be  able  to  meet  with  more  success 
than  at  the  beginning  of  his  career.  In  order  to  assure  this  success  we 
cannot  neglect  one  of  the  essential  conditions — the  physical  development 
of  the  convict. 

As  a  last  consideration  in  favor  of  work  in  the  open  air,  we  ought  to 
add  that  such  occupations  generally  pay  much  better  than  the  trades 
carried  on  in  the  penitentiary. 


79 


REPORT  PRESENTED  BY  M.  BERNARD  FRIEDMAN 

ATTORNEY-AT-LAW,  BUDAPEST 

[TRANSLATOR,  E.  FRISCH] 

I  do  not  belong  to  that  class  of  specialists  whose  business  and  vocation 
is  to  occupy  themselves  with  enforcing  penalties  and  observing  their 
effect  on  individual  men.  I  content  myself  with  treating  this  question 
under  the  title  of  a  mere  amateur.  No  one,  neither  the  examining  magis- 
trate, nor  the  public  prosecutor,  nor  the  judge  pronouncing  sentence, 
nor  the  inspectors  of  the  prisons  themselves,  penetrate  into  the  soul  of 
the  prisoners  as  deeply  as  the  lawyers  charged  with  their  defense.  Usually 
it  is  not  only  the  whole  being  of  the  prisoner  that  remains  for  them  a 
book  hermetically  sealed,  but  all  his  conduct,  from  his  arrest  to  his 
liberation,  is  most  of  the  time  full  of  dissimulation.  We  are  more  able 
to  judge  whether  the  state  has  to  deal  with  a  soul  corrupt  to  the  bottom, 
if  the  repentance  is  sincere  or  the  correction  and  improvement  genuine 
or  false,  for  generally  we  know  the  secret  springs  of  action,  the  con- 
dition of  family  and  of  fortune,  the  after-effects  of  punishment  as  well 
as  the  difficulties  which  the  task  of  seeking  and  obtaining  work  presents 
„  to  every  prisoner  who  has  been  set  free.  Considering  all  this,  I  may  not 
be  undertaking  an  unprofitable  task  in  making  known  my  opinion, 
although,  properly  speaking,  I  am  not  a  specialist  in  penitentiary  matters. 
With  us,  as  in  every  other  agricultural  country,  the  question  is  still 
further  complicated  by  important  considerations  from  the  economic  point 
of  view.  The  industrial  classes  usually  complain  of  lack  of  work  while 
agriculture  finds  fault  with  the  absence  of  working  hands.  With  us,  at 
least,  in  Hungary,  it  is  so.  Nevertheless  we  do  not  cease  aggravating 
this  unpleasant  situation  by  introducing  manufactures  into  penal  labor. 
In  this  manner  we  multiply  the  very  difficulties  with  which  the  small 
manufacturer  must  constantly  wrestle ;  on  the  one  hand,  on  account  of  the 
work  done  wholesale  in  the  prison  establishments,  on  the  other  hand, 
because  we  are  thus  raising  up  a  whole  army  of  bunglers.  But  this  is  not 
all,  and,  to  fill  the  measure,  we  take  the  prisoners  from  their  accustomed 

80 


work  of  farming,  and  force  them  to  do  work  or  learn  a  trade  at  which 
they  will  eventually  starve. 

It  is  evident  that  the  solution  of  this  question  is  clothed  with  us,  as 
in  every  agricultural  country,  with  capital  importance  from  an  economic 
point  of  view.  It  does  not  seem  that  this  fact  is  of  a  nature  to  diminish 
the  importance  of  the  criminological  side  of  the  matter,  inasmuch  as,  if 
any  penal  regimen  is  applied  without  regard  to  the  conditions  which 
govern  the  manners,  the  social  life,  and  the  economic  situation  of  a 
country,  it  may  be  perfect  in  theory,  but  in  practice  it  will  fail.  A  country 
whose  population  for  the  most  part  engage  in  manufactures,  will  natur- 
ally require  an  altogether  different  system  of  penal  labor  from  one  whose 
inhabitants  as  a  rule  busy  themselves  with  agriculture.  The  manner  of 
living,  the  circumstances  governing  labor,  the  food  and  nourishment, 
occupations,  clothing,  and  the  moral  conceptions  of  those  two  strata  of 
the  population  diverge  in  such  a  way  and  to  such  a  degree,  that  we  may 
compare  them  in  their  reciprocal  relations  to  fire  afid  water. 

The  country  peasant  going  about  bare-footed  does  not  concern  him- 
self any  more  with  the  snow  than  if  it  did  not  exist ;  one  such  experience 
would  mean  a  severe  inflammation  of  the  chest  to  any  factory  employee 
who  should  try  it.  The  artisan  is  not  frightened  beyond  measure  at  the 
idea  of  seeing  himself  inclosed  within  four  walls  and  working  there 
under  restraint,  whether  in  company  with  others  or  in  a  cell  alone,  because 
he  is  used  to  it.  But  if  one  forced  him  by  way  of  punishment  to  work  in 
the  open  air  under  the  hot  rays  of  the  summer  sun,  handling  the  scythe 
or  the  hoe,  he  would  not  be  long  in  succumbing.  If  the  artisan  commits 
an  offense  against  the  law  and  finds  himself  in  prison  or  in  a  house  of 
detention,  his  life  does  not  undergo  any  great  change.  He  is  given  work 
which  he  has  already  done  when  at  liberty — or  is  placed  at  an  occupation 
related  to  it — and  in  a  closed  place,  similar  to  that  in  which  he  worked 
before  imprisonment.  He  finds  himself  with  more  leisure  to  devote  to 
walking  in  the  open  air  than  the  laborer  of  the  poorest  classes  can  con- 
trol, who  is  confined  the  whole  day  in  the  factory  where  he  is  employed. 
The  imprisoned  artisan  often  finds  opportunity  to  perfect  himself  in  trade, 
which  before  he  knew  only  imperfectly,  and  after  liberation  from  prison 
is  able  to  profit  by  his  increased  skill.  In  contrast  to  this,  the  imprisoned 
agricultural  laborer,  whether  he,  be  a  gardener,  a  vine-dresser,  a  small 
proprietor,  or  a  ploughman,  has  been  accustomed  through  all  seasons  to 

81 


work  out-of-doors.  With  conditions  entirely  changed,  behind  closed 
doors,  he  is  taught  an  industrial  occupation,  for  which  he  finds  his  cal- 
loused hands  entirely  unsuited,  and  which  he  never  can  learn  perfectly 
unless  he  is  still  young;  and  in  the  event  of  his  liberation  he  finds  his 
body  enfeebled,  no  longer  able  to  endure  excessive  cold  or  heat  and  he 
soon  sinks  under  the  burden  of  field  labor.  Neither  is  he  able  to  make  a 
living  with  the  aid  of  the  trade  learned  in  prison,  because  he  cannot 
compete  either  in  pace  or  in  skill  with  those  trained  in  the  art  from 
childhood  and  consequently  who  are  in  all  respects  superior  to  him.  Not 
knowing  how  to  adapt  himself  to  this  new  condition,  his  good  intentions 
will  remain  intentions  that  cannot  be  carried  out,  and  the  imprisonment 
having  deprived  him  of  and  unfitted  him  for  the  only  means  he  could 
command  to  maintain  himself,  his  efforts  will  remain  sterile,  because  he 
will  have  lost  his  strongest  support  in  this  return  toward  the  good. 
Leaving  apart  these  considerations  there  is  still  another  reason  which 
demands  attention.  Industrial  classes  complain  of  prison  workshops 
which,  since  they  do  not  pay  any  tax,  imperil  the  existence  of  free  industry 
which  cannot  produce  under  the  same  conditions.  On  the  other  hand  the 
land  could  employ  twice  the  number  of  hands  which  it  actually  employs. 
This  resource  is  inexhaustible.  No  one  of  the  workers  makes  the  living 
of  another  difficult;  consequently  if  penal  labor  were  extended  to  this 
field  it  would  be  an  economic  benefit.  This  judgment,  in  many  countries, 
is  recognized  as  having  a  sound  basis,  and  measures  are  taken  by  which 
men  belonging  to  the  agricultural  class  shall  be  occupied  during  their 
entire  term  of  sentence,  in  such  a  way  as  to  become  more  skilful,  and 
capable  of  maintaining  themselves  after  liberation. 

In  all  the  prisons  in  which  convicts  work  out  their  sentence  with 
deprivation  of  liberty,  the  prisoners  are  occupied  partly  or  altogether  in 
agricultural  labor.  This  plan  is  now  followed  in  many  places  in  the 
United  States,  and  in  Europe  at  Witzwil,  in  Switzerland,  at  Lepoglava, 
Gaspice,  and  Novoselo  in  Croatia;  and  at  Zenica  in  Bosnia.  In  Hun- 
gary this  method  is  used  at  Vacz,  Lepotvar,  and  Harta. 

Is  it  inevitable  that  persons  should  be  committed  to  prisons  with 
agricultural  work,  only  in  the  latter  part  of  their  sentence?  If  the  estab- 
lishments of  detention  which  have  an  agricultural  character  are  organized 
only  as  intermediate  stations  for  preparation  of  the  convict  for  free  life, 
after  he  has  already  undergone  a  long  imprisonment,  it  is  natural  that  his 

82 


transfer  to  establishments  of  this  kind  should  not  take  place  except  in  the 
final  period  of  his  sentence.  What  we  must  realize  is,  that  the  vital  energy 
of  the  prisoners  belonging  to  the  agricultural  class  shall  not  be  destroyed 
as  a  result  of  the  imprisonment,  and  that  they  themselves  should  not  be 
returned  to  society  inferior  in  their  capacity  to  work.  No  penal  regime, 
however,  demands  such  a  result.  On  the  contrary,  the  ideal  penal  sys- 
tem would  be  one  which,  while  providing  for  sufficient  repression,  would 
give  back  to  society  a  penitent  improved  not  only  from  the  moral  point  of 
view  but  also  made  more  vigorous  and  hardy  as  respects  the  capacity 
for  work. 

Repression  does  not  consist  merely  in  closing  the  door  upon  a  man. 
It  makes  itself  felt  rather  by  the  aid  to  severe  discipline,  by  the  change 
in  living  imposed,  by  the  lack  of  things  to  which  one  has  been  accustomed, 
by  the  restrictions  upon  food  and  the  manner  of  dress,  the  obligation  and 
constraint  to  do  continuous  and  uninterrupted  work,  the  supervision  or 
limitation  of  communication  with  family  or  acquaintances  outside,  subor- 
dination of  the  individual's  will  to  that  of  others  or  to  the  rules  of  the 
regimen,  etc.  The  punishment  would  therefore  not  be  appreciably 
weakened  by  the  fact  that  the  prisoner  would  be  occupied  with  agricul- 
tural work,  not  only  during  the  last  portion  of  his  detention  but  even 
much  before  that.  The  restrictions  exacted  by  the  nature  of  the  pun- 
ishment could  be  imposed  in  these  classes  of  establishments  just  as  well 
as  in  the  other  penitentiaries.  As  a  matter  of  fact  the  prisoner  who  is 
engaged  in  shop  work  is  not  continually  under  bolt  and  bar,  since  he 
works  in  the  shops  where  he  moves  about  freely. 

It  is  not  to  be  denied  that  if  work  in  the  fields  and  in  the  open  air 
were  assigned  not  only  to  those  prisoners  wno  are  about  to  recover  their 
liberty  and  to  those  who  have  given  proof  of  excellent  conduct,  but  also 
to  the  others,  the  danger  of  escape  would  increase.  However,  that 
danger  is  not  for  this  reason  unavoidable.  Besides,  the  advantage,  which 
would  be  derived  from  intensive  occupation  for  rural  prisoners  working 
in  the  open  air,  would  be  infinitely  greater  than  the  annoyances  which 
would  result  therefrom,  whether  in  consequence  of  the  large  number  of 
escapes  or  because  of  the  increase  in  the  expense  of  surveillance. 

To  better  comprehend  this,  it  is  enough  to  think  a  moment  of  the 
immense  economic  advantage  which  would  result  from  thousands  of 
prisoners  who  belong  to  the  agricultural  classes  being  sent  back  every 

83 


year  to  a  free  life,  not  broken  down,  disaccustomed  to  their  habitual  work, 
but  better  instructed  and  capable  of  a  greater  amount  of  work,  from 
which  society  would  also  profit.  In  every  other  occupation  the  work- 
men must  provide  themselves  with  instruments  or  costly  tools  and  with 
raw  material,  and  the  prisoner  who  has  been  set  free  must,  in  addition, 
ask  his  patron  to  give  him  credit,  if  he  wishes  to  make  sure  of  a  living. 
In  agriculture,  if  the  individual  possess  a  strip  of  land,  the  necessary 
tools — a  spade,  a  hoe,  and  a  scythe — cost  him  only  a  few  crowns  at  most. 

It  is,  of  course,  understood  that  I  am  not  considering  here  farmers 
having  some  fortune,  for  liberation  does  not  cause  them  any  embarrass- 
ment. I  speak  here  of  those  poor  people  who  own  scarcely  one  or  two 
arpents  of  land  or  those  who,  if  they  have  no  land,  can  lease  it. 

There  are  various  branches  of  agriculture  which  permit  large  produc- 
tion on  a  limited  area  of  land,  on  the  condition,  however,  that  the  pro- 
prietor cultivate  it  with  intelligence,  with  an  unfailing  energy,  and  with 
constant  zeal.  Market-gardening,  vine  culture,  bee  culture,  fruit  cul- 
ture, floriculture,  raising  of  medicinal  herbs,  mushrooms,  and  hops,  as  well 
as  day  labor,  woodcarving,  etc.,  are  all  within  the  reach  of  the  small 
farmer.  And  with  all  this,  the  individual  has  no  need  of  credit  nor  of  the 
favors  of  outsiders,  as  is  the  case  with  the  shop  laborer  who  cannot  get 
along  without  these,  and  whom  employers  usually  shun,  unfortunately,  if 
they  learn  that  he  comes  from  prison  and  that,  too,  notwithstanding  the 
improvement  claimed  and  attested  by  the  management  of  the  penitentiary. 
That  is  a  strange  penal  system  which  excludes  the  convict  from  that 
occupation,  and  refuses  him  access  to  that  territory  in  which  he  can  best 
earn  a  living  after  his  liberation,  and  which  requires  him  to  take  up  a 
calling  in  which,  since  he  is  too  old  to  learn,  he  cannot  improve,  and  with 
which  he  cannot  contend  against  the  prejudices  which  confront  him.  I 
am  therefore  of  the  opinion  that,  regardless  of  the  general  question 
whether  agricultural  or  open-air  work  can  or  cannot  be  introduced  into 
a  penal  system,  that  most  prisoners  who  come  from  the  rural  class 
should  be  given  field-work  or  other  work  in  the  open  air  during  the 
greater  part  of  their  detention.  This  is  easy  of  realization,  since  it  would 
be  sufficient  to  furnish  each  penitentiary  with  a  tract  of  40  to  50  arpents 
of  arable  land  for  this  purpose.  A  tract  of  land  of  this  size  devoted  to 
gardening  or  grape  culture  could  furnish  employment  for  so  many  that 
there  would  remain  few  if  any  of  this  class  who  could  not  be  engaged  in 

84 


such  work.  Intensive  gardening  requires  work  even  during  the  winter 
months;  turning  over  the  soil,  draining  inclosures,  fertilizing,  pruning, 
etc.,  are  all  necessary.  During  the  cold  season  tools  or  materials  for 
packing  (baskets,  boxes,  cotton  wrappers)  can  be  made — all  articles 
requiring  only  elementary  skill,  but  necessary  for  horticulture,  grape- 
culture,  and  agriculture.  It  is,  of  course,  understood  that  if  any  prisoner 
should  express  the  desire  to  learn  any  trade  he  would  not  be  hindered. 

Here  is  my  idea  of  introducing  agricultural  or  open-air  work  in  con- 
vict labor :  Each  prison  should  be  provjed  with  a  large  garden,  inclosed, 
where  each  rural  prisoner  can  be  enr^>yed ;  after  having  served  out  a 
third  of  his  sentence  if  it  is  longer  than  three  years  but  less  than  ten; 
during  the  whole  period  of  his  detention,  if  his  sentence  does  not  exceed 
three  years,  but  immediately  after  having  passed  the  cellular  stage 
required  by  the  regulations.  These  prisoners,  of  course,  must  be  sub- 
jected to  the  same  discipline  as  that  which  is  applied  to  the  others  who 
work  in  the  shops.  In  addition,  there  should  be  created  intermediary 
agricultural  establishments  absolutely  independent  of  the  penitentiaries 
and  set  apart  for  the  prisoners  who  come  from  the  rural  class  and,  having 
been  condemned  to  a  long  sentence,  have  manifested  irreproachable  con- 
duct and  are  approaching  the  time  when  they  are  to  be  given  conditional 
liberty  or  definitively  discharged.  In  the  gardens  adjoining  the  peni- 
tentiaries there  would  be  provision  first  of  all  for  employing  those  con- 
victs who  are  serving  short  sentences,  between  one  and  two  years,  inas- 
much as  the  risks  of  escape  are  comparatively  slight  with  these,  while, 
on  the  other  hand,  time  is  wanting  to  teach  them  any  trade  thoroughly. 
The  prisoners  serving  long  sentences  should  not  be  thus  employed  unless 
space  is  left  for  them,  and  they  are  separated  from  the  others.  It  would 
not  be  desirable  to  employ  at  this  work  convicts  serving  a  sentence  of  ten 
years  or  over,  because  these  prisoners  have  time  to  learn  thoroughly  one 
of  the  lines  of  work  done  in  the  penitentiary  building,  and  because  of 
their  small  number  it  is  not  economically  desirable  that  they  should  be 
kept  at  their  old  occupation.  A  certain  class  of  criminals  with  whom 
the  risk  of  escape  is  to  be  feared,  and  who,  besides,  may  exercise  a  per- 
nicious influence  over  their  comrades,  should  likewise  be  excluded  from 
gardening  and  field-work. 

We  must  next  consider  the  conditions  under  which  convict  labor  may 
be  employed  in  other  works  of  benefit  to  agriculture,  or  of  a  public  utility, 

85 


as  the  construction  of  buildings  for  the  state,  making  roads,  dredging 
streams,  drainage,  regulating  beds  of  rivers,  etc.  These  works  are 
not  confined  to  one  place  and  therefore  they  cannot  be  carried  on  near  a 
penitentiary  and  in  connection  with  it.  It  is  unnecessary  to  demonstrate 
the  utility  of  these  works  from  the  economic  point  of  view,  especially 
since  they  are  executed  i>y  permanent  labor  forces  subjected  to  a  severe 
discipline  and  paid  relatively  low  wages.  But  it  is  not  less  certain  that 
they  are  beneficial  for  the  agricultural  prisoner.  Usually  this  work 
develops  the  intelligence  of  the  wprkman,  extending  his  horizon  and  ren- 
dering him  capable,  after  his  lit,  -ation,  of  undertaking  not  only  work 
intimately  connected  with  the  cultivation  of  the  soil,  but  also  assuring 
him  his  daily  bread  in  doing  work  more  or  less  similar.  We  have  many 
times  employed  prisoners  used  to  coarse  and  hard  labor  on  such  works 
and  the  experiment  has  always  succeeded.  In  1887  recourse  was  had  to 
this  class  of  labor  for  regulating  the  course  of  the  river  Galga.  Fifty- 
four  prisoners  sentenced  to  hard  labor  and  eighty-four  others  serving 
jail  sentences  were  employed.  The  work  was  done  under  the  direction  of 
agricultural  engineers  and  lasted  eight  months.  During  all  this  time 
there  was  not  one  case  of  escape.  The  house  of  correction  was  built 
through  the  same  kind  of  labor  supply.  The  working  convicts,  fifty  in 
number,  were  quartered  in  simple  peasant  cottages ;  supervision  was 
maintained  by  an  inspector  and  four  guards.  The  work  lasted  eighteen 
months.  Altogether  there  were  employed  a  total  of  one  hundred  and 
ninety  prison  convicts,  not  one  made  effort  to  escape,  and  but  one  case 
of  disorderly  conduct  was  reported:  the  prisoner  being  recommitted  to 
the  penitentiary.  The  intermediary  establishment  at  Harta  and  the  peni- 
tentiary at  Metrovicza  were  built  by  convict  labor.  For  several  years 
convicts  have  been  employed  in  restoring  the  destroyed  vineyards  of 
Hegyalja,  and  no  difficulty  has  been  encountered.  It  is  evident  that  the 
employment  of  prisoners,  under  long  sentences,  on  field-work  or  other 
work  in  the  open  air,  does  not  recommend  itself  on  account  of  the  greaf; 
risks  of  escape.  Furthermore  a  prolonged  education  would  be  required 
and  salutary  discipline  might  be  relaxed.  But  I  find  no  plausible  reason 
justifying  the  pretended  impossibility  of  employing  on  work  in  the 
fields  rural  prisoners  who  are  serving  a  sentence  shorter  than  two  years. 
The  brief  time  passed  in  prison  by  them  is  insufficient  for  supplementary 
education  and  it  is  equally  impossible  to  train  them  in  so  short  a  time  to 

86 


any  trade.  And  further,  in  teaching  them  one  of  the  simpler  manual 
trades,  there  is  such  waste  of  material  that  the  profit  obtained  later  scarcely 
compensates  the  expense  of  production,  without  taking  into  consideration 
that  this  sort  of  work  is  ordinarily  unlikely  to  furnish  the  prisoner,  when 
liberated,  with  a  living.  After  all,  severe  discipline  is  not  so  necessary  in 
the  case  of  the  petty  violators  of  the  law  as  with  the  professional  criminals, 
and  a  discipline  more  or  less  severe  may  be  enforced  even  where  they 
are  employed  in  the  open  air.  ^.s  for  the  chances  of  escape,  it  must  be 
recalled  that  the  petty  culprits  belonging  to  the  farmer  class  are  allowed 
provisional  liberty,  that  they  defend  themselves  and  present  themselves  at 
once  to  pay  their  penalty  from  the  moment  that  the  sentence  has  been 
imposed.  This  danger  is  not  great  because  the  majority  of  these  men 
scarcely  know  any  region  outside  that  in  which  they  have  been  reared ; 
and  nothing  is  rarer  than  flight  to  escape  their  punishment.  This  occupa- 
tion, occasional  or  permanent,  on  work  done  in  the  open  air,  is  not  of  a 
nature  to  diminish  or  to  suppress  the  feeling  of  being  punished  or  the 
fear  this  feeling  should  inspire. 

From  what  I  know  of  our  agricultural  population,  I  can  say,  without 
fear  of  contradiction,  that  they  will  feel  the  weight  of  their  punishment 
more,  if  they  are  made  to  work  without  remuneration,  or  on  a  very  small 
wage  while  subjected  to  a  severe  discipline  and  a  constant  surveillance, 
than  if  they  were  permitted  to  give  themselves  over  to  laziness  within  the 
walls  of  the  prison  or,  if  instead  of  the  hard  labor,  which  the  cultivation  of 
the  soil  demands,  they  are  set  at  penal  labor  which  scarcely  fatigues  and 
which  permits  them  to  "mark  time,"  rather  than  to  work  earnestly. 

However,  I  think  they  should  not  be  leased  to  work  under  private 
persons  and  many  reasons,  some  better  than  others,  could  be  urged 
against  such  a  plan.  I  shall  content  myself,  therefore,  with  mentioning 
but  one  of  them,  the  most  important.  If  the  prisoners  were  permitted  to 
work  under  private  contract,  it  would  be  impossible  to  prevent  contact 
between  them  and  the  person  who  employs  them,  or  between  them  and  the 
people  in  his  service,  and  this  causes  a  relaxation  in  discipline,  and 
weakens  the  feeling  of  punishment. 

In  summing  up  all  that  I  have  just  said,  I  reach  the  following  con- 
clusions with  regard  to  the  questions  which  have  been  put : 

I.  It  is  desirable  that,  wherever  possible,  a  tract  of  inclosed  land 
should  be  joined  to  each  prison ;  that  such  agricultural  work  should  then 

87 


be   introduced   as   will   permit  the   employment   of   a   great   number   of 
prisoners  on  a  relatively  limited  piece  of  land. 

2.  It  is  desirable,  in  the  future,  to  erect  penitentiaries  and  prisons  only 
in  places  where  the  creation  of  this  kind  of  agricultural  areas  will  not 
encounter  insurmountable  obstacles. 

3.  These   agricultural   annexes   will   form   a  complementary  part   of 
penitentiaries  and  houses  of  detention,  and  will  be  subjected  to  the  same 
disciplinary  regulations  as  those  applied  to  the  workshops  of  the  prison. 

4.  As  far  as  possible,  prisoners  coming  from  the  agricultural  class 
will  be   employed   in   farm   work   during   the   greater   portion   of   their 
sentence. 

5.  Besides   these   innovations,   there   should   be   created   independent 
agricultural  work  places,  which,  separated  from  the  prisons  and  peniten- 
tiaries, will  be  designed  to  serve  as  intermediate  establishments  organ- 
ized on  a  less  rigorous  method  of  discipline,  with  a  freer  and  wider  latitude 
of  action,  where  are  to  be  placed,  during  the  second  half  of  their  sen- 
tence, those   prisoners   of   rural  origin,   who,   sentenced   for  over  three 
years  of  detention,  have  given  conclusive  proofs  of  improvement  and 
good  behavior. 

6.  The  management  of  the  agricultural  annexes,  as  well  as  of  the  inter- 
mediate agricultural  establishments,  should  be  intrusted  to  persons  versed 
in  that  kind  of  work,  and  who  are  charged  with  the  task  of  instructing 
the  prisoners  in  agriculture,  by  means  of  theoretic  courses  given  during 
the  leisure  of  winter. 

7.  Temporary  work  by  rural  convicts  upon  other  public  works  does 
not  conflict  with  the   general   purpose  of  punishment  and   is   not  con- 
trary to  a  penal  system,  if  these  prisoners,  serving  short  sentences,  can 
be  entirely  separated  from  free  workmen,  and  if  this  work  conforms  to 
the  general  conditions  of  their  existence. 

8.  While  waiting   for  the   prisoners    coming   from   the   agricultural 
class  to  be  placed  in  the  agricultural  section  as  also  during  the  winter 
months,  when  the  cultivation  of  the  soil  is  arrested,  they  should  be  taught, 
as  far  as  possible,  one  of  the  manual  occupations  which  are  connected 
with  agriculture  and  which  can  be  carried  on  as  a  domestic  industry. 


REPORT  PRESENTED  BY  M.  B.  ALTAMURA 

DIRECTOR  OF  THE  CELLULAR  PRISONS  OF   ROME 
[TRANSLATOR,  E.  FRISCH] 

Many  reasons,  which  we  shall  mention  briefly,  favor  work  in  the  open 
air  by  convicts  who  are  agriculturalists  or  have  not  yet  acquired  any 
trade :  the  profit  which  society  will  derive  from  a  large  amount  of  work 
done  by  the  convicts;  the  need  of  protecting  men  from  such  diseases  as 
tuberculosis,  scrofula,  and  anemia,  which  the  close  and  noxious  air  of  the 
prisons  and  the  idle  life  led  there  cannot  but  provoke  and  foster;  the 
insufficiency  of  employment  in  manufacturing  in  proportion  to  the  great 
number  of  prisoners  in  the  workshops ;  the  necessity  of  avoiding  compe- 
tition with  free  industrial  labor,  even  if  the  state  treasury  should  suffer ; 
the  opportunity  of  furnishing  rural  inmates  the  prospect  of  working  in 
the  fields  instead  of  driving  them  to  turn  to  the  cities  for  the  purpose  of 
engaging  there  in  an  occupation  poorly  learned  in  the  penitentiary,  the 
workmen  of  the  city  having  already  so  much  trouble  in  making  their  way 
there ;  the  need  of  procuring  for  the  prisoner  an  occupation  corresponding 
as  far  as  possible  to  that  in  which  he  was  engaged  when  free ;  the  ability 
to  provide  himself  with  a  trade  really  productive  and  remunerative,  as 
well  as  educative,  and  one  which  will  enable  him  to  supply  his  wants  when 
he  leaves  prison. 

Besides,  in  the  era  in  which  we  are  living,  the  mode  of  treatment 
being  corrective  and  educative  rather  than  repressive,  it  is  fitting,  with 
this  end  in  view,  to  organize  continuous  work  on  a  wise  and  rational  plan. 
Herein  lies  an  indispensable  element  of  success. 

But  prison  labor  implies  a  very  important  social  question,  and  every 
state  has  the  duty  of  solving  it  with  a  view  to  its  best  interests  and  its 
industrial  and  agricultural  conditions. 

In  a  land  eminently  agricultural,  like  Italy,  where  industrial  workmen 
abound,  but  where  the  prison  population  is  composed,  more  than  half,  of 
peasants  and  hand-laborers,  it  is  all  the  more  necessary  to  organize  con- 
vict labor  in  the  open  air  because  there  are  vast  stretches  of  uncultivated 

89 


and  unhealthy  land.  Italy  has,  in  fact,  for  many  years,  employed  in  open- 
air  work  the  convicts  of  strong  physique  who  have  behaved  themselves  well 
and  who,  when  free,  work  in  the  fields.  In  accordance  with  the  pro- 
visions of  the  penal  code  of  1889,  and  as  a  reward  for  their  good  conduct 
the  government  transferred  the  convict  peasants  into  the  intermediate 
agricultural  establishments,  and  the  convict  industrial  laborers  into  the 
intermediate  industrial  establishments.  The  conditions  requisite  for  this 
transfer  demanded  a  sentence  exceeding  three  years  of  imprisonment; 
the  transfer  could  become  operative  only  afer  the  convict  had  served 
half  of  his  time  provided  it  was  not  less  than  thirty  months. 

It  appears  from  prison  statistics  that,  as  a  general  rule,  the  convicts 
of  agricultural  colonies  enjoy  better  health  than  those  who  are  shut  up  in 
the  penitentiaries.  The  figures  of  1901  established  the  fact  that  while 
52.9  per  cent,  of  the  colonists  had  been  at  the  hospital,  this  proportion 
rose  to  60  per  cent,  for  prisoners  properly  speaking,  and  for  galley 
convicts  even  as  high  as  80.90  per  cent.  The  days  spent  in  the  hospital 
did  not  exceed  2.10  per  cent,  for  agricultural  colonists;  they  rose  to  4.20 
per  cent,  for  those  in  prison  and  to  5.90  per  cent,  for  galley  convicts. 
The  number  of  the  tuberculous  receiving  treatment  on  December  31,  1900, 
was  0.30  per  cent,  of  the  number  of  colonists  and  4  per  cent,  for  the 
convicts  kept  in  the  penitentiary.  It  is  not  surprising,  therefore,  that 
the  conduct  of  convicts  occupied  with  agricultural  work  should  be  con- 
stantly better  than  that  of  inmates  of  all  other  establishments.  Indeed 
the  average  of  the  prisoners  who  in  1901  committed  one  breach  of  dis- 
cipline was  5.20  per  cent,  of  the  number  of  colonists  and  4  per  cent, 
as  the  proportion  of  recidivists ;  in  the  regular  prisons  these  numbers 
were  respectively  13.90  per  cent,  and  17.30  per  cent. 

Important  economic  advantages  have  been  gained  in  well-organized 
agricultural  colonies.  At  the  colony  of  Pianosa,  in  1901,  a  net  profit  of 
56  centimes  for  each  day's  labor  was  realized ;  but  in  other  colonies,  the 
profit  was  small ;  it  did  not  exceed  8  centimes  at  Castiadas,  in  Sardinia. 
These  results,  however,  must  not  lead  to  discouragement,  for  if  the  state 
does  not  obtain  any  immediate  and  tangible  profit,  it  accomplishes  a  very 
useful  and  remunerative  result  from  the  improvement  of  marshy  regions 
and  the  restoration  to  national  cultivation  of  immense  stretches  of  land 
today  abandoned. 

The  law  of  June  26,  1904,  authorizes  the  government  to  employ  con- 
go 


vict  labor  for  the  work  of  clearing  and  improving  uncultivated  and 
marshy  lands.  Although  promulgated,  this  law  has  not  yet  been  applied 
in  practice;  none  the  less  it  will  be  the  starting-point  and  the  basis  of  a 
new  penitentiary  system  inspired  not  only  by  the  necessity  of  repression, 
but  above  all  by  that  of  educating  the  culprits  through  care  for  their 
physical  and  moral  wretchedness. 

The  valiant  promoter  of  this  system  is  A.  Doria,  at  present  director- 
general  of  prison  administration  and  courageous  innovator  in  this  field 
of  administration,  as  also  in  that  which  concerns  the  system  of  prisons 
and  reformatories  in  the  kingdom. 

These  penitentiary  colonies  for  clearing  and  improving  the  soil  are 
meant  to  receive  those  sentenced  to  imprisonment  for  a  period  exceed- 
ing a  year.  The  prisoners  at  the  detention  prison  may  be  transferred 
there  upon  their  own  request. 

Colonies  will  be  established  for  delinquent  minors,  and  we  are  certain, 
given  favorable  experience,  that  a  desire  will  arise  to  reserve  a  colony,  as 
for  example  that  of  Capri  or  that  of  Gorgona,  specially  for  convicts 
who  show  slight  signs  of  mental  alienation,  as  well  as  for  such  persons  as 
suffer  from  light  epileptic  fits,  and  this  for  the  purpose  of  improving 
their  health  by  work  in  the  open  air,  as  is  already  done  in  England,  in 
the  Parkhurst  colony. 

Italy  will  likewise  be  able  to  proceed  to  a  rational,  practical,  and 
effective  classification  of  her  convicts,  since  the  better  ones,  after  having 
served  half  of  their  sentence,  will  be  transferred  to  the  penitentiary  where 
they  will  be  employed  in  the  cultivation  of  fields,  gardens,  and  vineyards,  in 
the  making  of  bread  and  cheese,  etc.,  enjoying  comparative  liberty  in 
the  colony  and  being  able,  according  to*  the  law  in  force,  to  obtain  condi- 
tional liberation  as  the  reward  of  their  amendment. 

The  most  vicious,  who  resist  every  effort  tending  to  improve  them, 
will  be  shut  up  in  the  regular  penitentiaries,  under  the  cellular  system 
or  that  of  Auburn,  where  they  will  be  subjected  to  discipline  more 
rigorous  and  more  in  conformity  with  the  method  of  punishment  prescribed 
by  the  penal  code. 

Finally,  convicts  who  are  serving  the  first  half  of  their  sentence, 
peasants,  bricklayers,  or  hod-carriers,  and  persons  without  trade,  and 
those  whose  conduct  inspires  doubts  and  who  have  not  yet  gained  per- 
mission to  enter  an  agricultural  colony,  will  remain  in  the .  above-men- 

91 


tioned  colonies  for  clearing,  or  they  will  be  occupied  with  work  of 
improving,  of  digging  aqueducts,  of  damming  streams,  constructing 
roads,  etc.  In  these  colonies  all  intercourse  of  convicts  with  the  citizens 
will  be  prevented,  and  the  work  will  be  conducted  by  agents  of  the  govern- 
ment directly  concerned  with  the  management  of  the  colony.  The  dis- 
cipline will  be  firm  and  just,  but  reasonable  and  humane,  in  the  conviction 
that  without  a  well-behaved  and  obedient  personnel  it  will  be  impossible 
to  obtain  any  useful  result,  either  in  the  interest  of  the  land  or  in  that 
of  correctional  justice.1 

But  the  principal  characteristic  of  penitentiary  colonies  for  clearing 
and  improving  the  soil  will  consist  of  the  transfer  or  cession  of  lands, 
as  soon  as  the  work  is  finished,  to  individual  colonists  who  will  make  of 
them  new  places  of  cultivation  and  production  while  the  rest  of  the 
convicts  will  move  on  to  another  region  to  improve  it.  And  when  for 
any  cause,  this  will  not  be  possible,  the  colony  for  clearing  will  be  con- 
verted into  an  intermediate  colony  for  convicts  serving  the  last  part  of 
their  sentence.  They  will  engage  in  works  of  cultivating,  planting,  etc., 
until  the  opportunity  presents  itself  to  cede  the  land,  improved  and 
cultivated,  to  private  colonists.  In  one  word,  by  this  method  and  for 
their  moral,  physical,  and  material  welfare,  the  convicts  will  be  transformed 
into  pioneers  of  civilization. 

RESUME     V     - 

In  the  interest  of  the  state  and  in  that  of  the  health  and  regeneration 
of  the  convicts,  it  is  expedient  to  employ  in  field-work  or  works  of  public 
utility  in  the  open  air  all  those  convicts  who  belong  to  the  agricultural 
class  or  who  have  no  trade. 

This  work  should  be  organized  in  such  a  way  as  to  become  a  source 
of  profit  to  the  state.  By  a  rational  system  of  classification  and  division 
of  the  convicts,  the  punishment  will  be  invested  with  a  repressive  and 
reformatory  character.  The  most  laborious  work,  that  of  clearing, 
will  be  reserved  for  convicts  who  are  serving  the  first  half  of  their 
sentence,  and  the  least  laborious,  cultivation,  to  those  who  are  in  the 
second  stage  of  their  sentence  and  who,  on  account  of  their  conduct  and 
amendment,  deserve  milder  treament.  Conditional  release  will  be 
accorded  the  latter,  if  they  continue  to  give  proofs  of  improvement. 

1  It  is  unnecessary  to  be  too  greatly  concerned  about  the  danger  of  escape.  The 
penal  code  provides  for  such  an  emergency  and  threatens  with  severe  punishment  the 
convict  who  has  attempted  to  escape,  as  well  as  those  who  facilitated  his  escape. 

92 


REPORT  PRESENTED  BY  ROBERT  H.  MARR  / 

ATTORNEY-AT-LAW,   NEW  ORLEANS,   U.   S.  A. 

[TRANSLATOR  JESSIE  B.  MCKINNEY] 

It  is  an  incontestable  truth  that  occupations  in  the  open  air,  of  what- 
ever nature,  are  more  favorable  to  health  than  any  kind  of  work  done  in 
a  closed  place ;  but  how  the  state  can,  in  whole  or  in  part,  thus  employ  its 
convicts  is  a  most  difficult  problem.  The  conditions  which  certain  coun- 
tries present,  or  even  different  localities  of  the  same  country  at  different 
epochs,  are  so  variable  that  it  is  little  less  than  impossible  to  establish  the 
foundation  of  any  general  rules,  applicable  to  every  case  or  even  to  the 
majority  of  cases.  The  principal  and  most  conspicuous  of  these  conditions 
are  the  following: 

1.  The  special  occupation  which  may  be  assigned  to  the  prisoner,  as 
an  individual,    should    depend   in    great   part   upon    the    length    of    his 
imprisonment  and  upon  his  physical  health  and  strength.     The  nature 
of  the  work  to  which  he  is  assigned  should  depend  greatly  upon  the 
average  duration  of  imprisonment  of  all  the  prisoners  and  the  average 
of  their  health  and  strength. 

2.  The  kind  of  industry  or  the  work  of  the  population. 

3.  The  attitude  of  free  labor  organizations  in  respect  to  prison  labor, 
or  what  is  called  "the  competition  with  free  labor." 

4.  The  character  of  the  population  as  to  the  homogeneity  or  diversity 
of  races  of  which  it  is  composed. 

5.  The  nature   of   the   country;  whether   it   is  ancient   or   modern; 
whether  it  is  thickly  populated  or  not;  whether  it  is   well   or  poorly 
policed;  what  are  the  means  of  transportation  and  communication.     All 
these  conditions  are  of  great  importance  as  to  the  chances  of  escape  and 
recapture. 

6.  The  extension  and  the  necessity  of  public  works  of  improvement, 
and  whether  these  works  are  executed  directly  by  the  state  or  by  private 

.  managers. 

7.  The  nature  of  the  climate,  whether  it  is  hot  or  cold,  of  the  tempera- 

93 


ture,  of  the  dryness  or  humidity  of  the  atmosphere ;  whether  it  is  subject 
to  tempests  or  violent  rains,  or  whether  short  and  warm  showers  are  fre- 
quent. All  climatic  conditions  ought  in  fact  to  be  taken  into  considera- 
tion, and  so  these  questions  become  chiefly  questions  of  barometer  and 
thermometer. 

8.  The  value  of  the  land,  whether  it  is  estimated  at  a  high  or  low 
price. 

The  sentiments  of  humanity,  and  a  wise  economy  demand  that  the 
prisoner  should  be  employed,  and  employed  during  the  whole  time  of  his 
imprisonment,  but  in  a  manner  which  will  not  result  harmfully  to  him, 
either  mentally,  morally,  or  physically,  by  the  duration  or  the  kind  of 
the  work.  His  occupation  ought  to  be  useful  and  continuous  but  should 
certainly  never  be  harmful  or  dangerous ;  and  although  the  best  results 
are  obtained  when  the  workman  likes  his  task,  nevertheless  it  is  not 
necessary  that  the  work  of  the  convict  should  be  agreeable.  In  establish- 
ing a  system  of  penitentiary  work,  the  first  question  to  be  considered  is : 
What  kind  of  work  can  the  prisoner  do  best?  The  authorities  should 
ascertain  as  exactly  as  possible  what  has  been  the  occupation  of  the 
prisoner  before  his  detention,  his  character  in  general,  whether  it  is  docile 
or  irritable,  and  the  condition  of  his  physical  strength,  education,  and 
intelligence,  and  his  aptitude  for  different  kinds  of  work.  The  second 
question  should  be,  whether  there  are  enough  men  adapted  to  the  same 
kind  of  work  to  justify  the  enterprise?  In  spite  of  the  exactness  of 
these  first  investigations,  errors  may  occur,  and  the  physical  and  mental 
conditions  of  the  man  are  subject  to  variations :  consequently  the  prisoners 
should  be  kept  under  strict  supervision,  and  should  be  examined  at 
frequent  intervals.  These  investigations  are  important,  not  alone  to  deter- 
mine what  kind  of  work  can  be  assigned  to  each  prisoner,  but  also  to 
eliminate  the  sick  and  those  who  are  affected  with  contagious  diseases. 
The  aim  of  the  penitentiary  system  is  the  protection  of  society.  The 
majority  of  criminals  are  incapable  of  rendering  satisfactory  service  and 
ought  to  be  returned  to  the  outside  world  able  to  do  something  useful, 
this  being  the  best  way  to  prevent  them  from  again  becoming  criminal. 
Whether,  with  the  trade  learned  during  imprisonment,  the  convict  will  be 
able  after  liberation  to  find  lucrative  occupation  will  depend  in  great 
part  upon  conditions  more  or  less  favorable  in  the  labor  market:  condi-. 
tions  which  cannot  be  known  in  advance. 

94 


Society  is  an  enormous  machine  in  which  the  wheels  adapt  themselves 
automatically  to  each  other,  and  the  number  of  workers  engaged  in  each 
occupation,  each  country,  and  each  epoch,  represents  the  proportion  of 
workers  which  can  be  employed  with  profit  in  that  kind  of  work  in  the 
particular  country.  This  is  the  surest  guide  in  the  selection  of  prison 
labor,  considered  simply  from  the  point  of  view  of  ability  to  obtain 
similar  labor  after  liberation.  Thus,  for  example,  the  average  of  prisoners 
to  be  employed  in  agriculture  should  be  the  same  as  the  average  of  the 
population  of  that  country  employed  in  the  same  occupation.  But  this 
theory  is  not  everywhere  applicable.  The  organizations  of  free  labor  have 
forced  several  states  of  North  America  to  enact  laws  which  prevent  the 
employment  of  prisoners  in  certain  designated  industries,  and  because  of 
the  restrictions  thus  imposed,  it  requires  an  effort  to  find  a  useful  occupa- 
tion for  the  convict. 

The  extension  and  the  need  of  public  works  undertaken  by  the  state 
necessitate  a  minute  control  of  the  number  of  prisoners  which  can  be 
employed,  while  if  free  laborers  are  wanting  there  is  no  reason  why  the 
state  should  not  arrange  with  contractors  or  the  municipal  administration 
for  the  construction  of  highways,  canals,  and  other  needed  works.  But 
under  no  pretext  should  the  state  leave  the  prisoners  to  the  mercy  of 
private  contractors.  From  the  moment  when  the  sentence  begins,  until  the 
day  it  expires,  the  prisoner  should  remain  under  the  exclusive  surveillance 
of  the  public  officers,  who  alone  are  responsible  for  them. 

Few  criminals  possess  any  special  aptitude  for  any  kind  of  trade. 
Their  average  intelligence  does  not  reach  a  very  high  plane,  and  in  con- 
sequence the  classification  should  be  based  directly  upon  their  state  of 
health  and  physical  strength.  Farm  work  and  work  on  public  roads 
have  generally  an  advantage  in  point  of  hygiene  over  that  done  inside 
the  prison.  An  apprenticeship  of  a  few  days  suffices  to  initiate  a  man  into 
this  kind  of  work,  and  on  a  farm  work  may  be  found  even  for  the  most 
feeble.  If  the  imprisonment  extends  through  the  whole  season  in  which 
outdoor  work  is  impossible,  it  is  necessary  to  find  another  occupation  for 
the  prisoner.  The  great  objection  to  the  whole  system  of  outdoor  work 
is  the  difficulty  of  preventing  escape — a  difficulty  greater  in  public  work 
than  in  agriculture,  because,  in  the  first  place,  of  the  complexity  of  the 
work,  and  next  because  of  the  little  security  which  improvised  quarters 
offer,  in  which  the  prisoners  are  brought  together  during  the  night  and 

95 


the  hours  of  rest.  Any  turbulent  man  having  a  disposition  to  rebel  or 
escape  should  be  rigorously  excluded  from  any  work  in  the  open  air ;  such 
prisoners  should  be  inclosed  carefully  within  the  four  walls  of  a  safe 
prison. 

The  workman  must  have  tools,  and  these  may  become  dangerous  arms 
in  the  hands  of  a  criminal  who  is  energetic  and  desperate.  In  view  of 
obtaining  the  best  results  from  his  work,  he  ought  to  have  the  free  use 
of  his  limbs,  and  for  this  reason  he  should  not  have  to  bear  chains  while 
he  is  working.  Instead  of  physical  bonds,  the  prisoner  ought  to  be 
brought  under  control  of  the  knowledge  that  an  attempt  at  escape  would 
be  certainly  and  severely  punished,  and  that  work  in  open  air  would  be 
followed  by  close  imprisonment.  To  encourage  them  to  do  well  and  to 
divert  their  thoughts  from  flight,  it  would  be  well  to  offer  a  reward  for 
those  who  did  well,  and  pay  should  be  accorded  to  each  man  for  every  day 
of  conscientious  work,  so  that  his  share  of  the  product  of  his  labor  could 
be  given  to  him  at  his  departure  from  prison. 

The  discipline  should  be  gentle  but  firm,  and  the  conditions  should, 
as  nearly  as  possible,  resemble  those  in  which  the  prisoner  will  find  him- 
self when  he  is  free,  in  regard  to  food,  shelter,  hours  of  work,  etc. 
In  short  everything  should  combine  to  prevent  the  prisoner  from  thinking 
of  escape.  The  organization  should  be  military,  the  prisoners  being  com- 
manded by  officers  who  have  the  necessary  experience  to  manage  a  great 
number  of  men  occupied  in  the  special  work  in  which  the  prisoners  are 
engaged.  Care  should  be  taken  that  prisoners  have  no  communication 
with  anyone  excepting  their  guard,  and  the  night  should  be  passed  in  a 
cell.  Undoubtedly  this  is  not  always  feasible,  in  connection  with  public 
works,  because  of  the  temporary  character  of  the  prisoners'  quarters.  For 
this  reason  it  would  be  best  to  lodge  them  in  local  prisons,  if  they  can  be 
kept  there,  and  if  these  prisons  are  not  too  far  away  from  the  working 
places  to  occasion  too  great  loss  of  time  in  going  and  coming. 

Idleness  demoralizes  the  prisoner  and  absorbs  all  the  profits ;  the  state 
ought  therefore  to  organize  its  penitentiary  system  in  such  a  way  as  to 
procure  work  for  all  the  prisoners  during  all  the  time  of  their  detention. 
The  number  of  men  necessary  for  agriculture  is  not  always  the  same. 
There  is  need  of  more  during  the  harvests  than  during  the  planting  and 
the  sowing,  and,  excepting  in  certain  localities,  there  are  periods  of  mort> 
or  less  length  during  which  there  is  no  work  to  be  done  in  the  fields. 

96 


Thus,  although  the  number  of  workers  who  can  be  employed  usefully  OH 
one  part  of  the  public  works,  from  the  beginning  to  the  end,  is  not  ver> 
variable,  there  are  those  periods,  naturally  very  short,  when  the  cessation 
of  work  in  the  fields  is  necessary,  when  bad  weather  or  other  cause* 
hinder  the  continuation  of  the  work. 

For  the  two  classes  of  workers,  the  occupation,  which  is  provided  for 
the  moment  when  the  principal  work  ceases,  ought  to  be  if  possible  of  i\ 
similar  nature.  The  worker  occupied  on  the  public  works  ought  to  pre- 
pare materials  for  the  construction  of  roads;  the  farm  hand  should  con- 
vert the  products  of  the  farm  into  manufactured  articles. 

All  the  prisoners  ought  to  be  concentrated  as  much  as  possible,  in  a 
single  locality,  that  there  may  be  a  diminution  of  expenses  and  the  cost  of 
guarding,  better  sanitary  arrangements,  and,  above  all,  prevention  of 
escape.  Cencentration  is  easier  to  secure  with  prisoners  employed  in 
agriculture,  than  with  those  employed  in  public  works,  because  the  num- 
ber of  men  employed  in  each  part  of  this  work  depends  upon  its 
importance  and  character. 

The  state  ought  to  buy,  not  lease,  the  lands  upon  which  the  farmer 
prisoners  labor,  because  the  work  of  future  and  permanent  betterment 
cannot  be  done  economically  save  on  the  property  of  the  state  itself.  The 
farms  ought  to  be,  it  goes  without  saying,  situated  in  healthful  locations 
and  well  supplied  with  water.  The  conditions  in  the  southern  states  of 
the  American  Union  are  very  favorable  for  the  organization  of  open-air 
labor,  whether  on  the  farms  or  on  public  works.  The  climatic  condi- 
tions are  such  that  one  can  provide  work  in  the  open  air  for  every  day 
in  the  year,  excepting  in  case  of  rain  or  tempest.  A  new  country  offers 
two  advantages ;  a  great  deal  of  the  soil  is  arable,  very  fertile,  not 
dear,  and  there  is  constantly  increasing  need  of  work  for  the  improve- 
ment of  the  whole  region,  as  roads,  highways,  canals,  drainage,  bridges, 
and  building  of  dams.  This  country  is  in  great  part  a  virgin  country 
demanding  plenty  of  work  to  prepare  it  for  the  influx  of  immigration. 
In  the  southern  states  the  cultivation,  in  the  strict  sense,  and  the  man- 
agement of  a  large  farm  offer  such  a  variety  of  work  that  the  capacity 
of  each  prisoner,  unless  he  is  entirely  infirm,  can  be  adapted  to  useful 
employment  according  to  his  individual  aptitudes.  And  the  free  workers 
cannot  complain  about  competition  with  their  labor.  The  South  is  a 
region  thoroughly  rural,  and  the  majority  of  the  prisoners  are  negroes, 

97 


accustomed  to  hard  labor  and  familiar  with  agricultural  work.  So  when 
the  convicts  are  obliged  to  work  at  leveling,  building  of  dams,  or  on  it 
farm,  they  continue  the  work  to  which  they  are  accustomed  and  for  which 
they  show  the  greatest  aptitude.  The  negro  is,  as  a  rule,  more  docile 
than  the  white  man  and  less  inclined  to  escape ;  he  has  not  the  genius  for 
conspiracies  and  combinations ;  he  has  a  salutary  fear  of  the  white  man, 
whom  he  rarely  attacks,  unless  he  has  a  marked  advantage.  He  comes 
of  a  servile  race ;  he  obeys  promptly,  and  is  not  disposed  to  rebellion ;  he 
has  little  ambition,  and  his  wants  are  purely  physical.  The  negro  is 
indolent;  he  has  little  perseverance  and  little  capacity  to  learn  a  trade 
which  demands  skill  and  accuracy.  The  malaria  and  the  extreme  heat 
do  not  seem  to  affect  him,  and  where  the  white  man  would  soon  exhaust  his 
strength,  the  negro  can  be  employed  with  impunity  in  any  place  or  at 
any  season. 

The  system  of  Louisiana  represents  the  methods  employed  in  all  the 
southern  states.  It  is  the  method  best  adapted  to  the  existing  conditions 
in  this  region  and  it  produces  a  revenue  which  increases  every  year. 
Those  who  are  convicted  of  grave  crimes  are  sent  to  a  penitentiary 
colony,  whether  they  are  to  work  on  a  state  farm  or  on  the  public  works. 
Only  those  are  kept  within  prison  walls  to  whom  liberty  in  the  open  air 
would  be  dangerous,  and  who  are  known  to  be  incapable  of  doing  this 
kind  of  work.  The  warden  is  placed  under  the  direction  of  a  board  o); 
control.  The  convicts  detained  for  misdemeanors  are  employed  in  farm 
work,  and  repairing  of  roads,  highways,  and  public  edifices,  and  are 
under  the  surveillance  of  local  authorities. 

The  classification  of  the  prisoners  is  based  entirely  upon  physical  con- 
dition. They  are  divided  into  four  classes : 

1.  All  the  men  of  robust  health,  between  twenty  and  fifty  years, 
weighing  140  pounds  and  more,  and  who  are  accustomed  to  hard  work. 

2.  All  men  of  good  health,  who  have  not  yet  reached  or  have  slightly 
passed  the  age  limits  of  class  I,  who  weigh  less  than  140  pounds  or  who 
have  not  been  accustomed  to  work  in  the  open  air. 

3.  All  old  men  and  young  boys,  all  those  whose  health  is  affected, 
but  not  enough  to  be  transferred  to  the  hospital,  and  all  female  prisoner;; 
in  good  health. 

4.  All  prisoners  who  are  sick  and  who  must  remain  in  the  hospital 
and  be  confided  to  the  care  of  a  physician. 

98 


All  prisoners  included  in  the  first  class  are  employed  in  rough  public 
work;  those  in  the  second  and  third  classes  are  employed  in  the  less 
laborious  occupations  of  agriculture. 

The  two  state  farms  possess  in  all  12,300  acres  of  land  which  is  for 
the  greater  part  unbroken,  so  that  at  any  diminution  of  rural  labor,  the 
workers  find  ample  occupation  for  themselves  in  chopping  down  and 
hauling  trees,  and  in  clearing  new  areas  for  agriculture.  On  one  of 
these  farms  the  culture  of  sugar  cane  and  the  manufacture  of  sugar  are 
carried  on.  On  the  other  cotton  is  cultivated  and  two  hundred  prisoners 
are  employed  continually ;  but  during  the  months  of  September,  October, 
November,  and  December  (the  harvest  season)  this  business  requires 
200  additional  hands.  It  is  necessary  then  to  find  work  for  these  200 
additional  workers  during  the  eight  other  months  of  the  year.  A  saw- 
mill to  transform  the  woods  of  the  forest  into  lumber,  the  making  of 
bricks  and  tiles  to  use  the  waste  of  the  sawmill,  a  factory  for  making 
barrels  to  use  the  material  of  the  gum  and  willow  trees,  an  oil-mill  to 
convert  the  cotton  seed  into  a  manufactured  product,  a  cotton-mill  for 
making  cloth  for  clothing — all  these  furnish  occupation  for  the  prisoners. 
It  is  to  the  interest  of  the  state  to  procure  from  these  farms,  in  addition  to 
these  product?  of  the  harvest,  all  the  necessary  supplies  for  the  consump- 
tion of  the  employees  and  the  prisoners.  By  this  method  one  obtains  for 
the  prisoners  the  means  of  support  with  lower  cost  than  if  the  organiza- 
tion of  the  prison  demanded  the  purchase  of  every  article  consumed. 
The  farm  also  produces  the  necessary  food  for  the  sick,  as  poultry,  milk, 
butter,  and  vegetables. 

The  convicts  sentenced  to  solitary  confinement — almost  always  in 
very  small  number — are  employed  in  the  making  of  wearing  apparel, 
articles  of  bed  covering,  shoes,  and  hats. 

The  best  way  to  organize  these  agricultural  penal  colonies  is  to  choose 
the  centers  of  varied  employments  and  there  to  construct  quarters  for 
150  men,  for  the  guard  and  the  officers,  as  well  as  sheds,  granaries,  a 
storehouse,  and  places  for  implements  in  such  a  way  that  each  unit  will 
be  able  to  furnish  a  maximum  of  work,  instruments,  supplies,  in  a  word, 
everything  which  is  necessary  for  the  undertaking. 

The  land  cultivated  by  each  section  should  not  be  too  extensive,  in 
order  to  prevent  a  great  loss  of  time  in  going  to  the  fields  from  the  central 
station.  Each  section  has  a  dormitory,  or  a  wing  with  cells,  about  120 

99 


feet  long  and  32  feet  wide,  with  a  dining-room  and  kitchen  76  feet 
long  and  32  in  width,  having  between  them  an  open  passage  of  32  feet 
in  length.  The  entire  building  then  would  be  220  feet  in  length.  On 
one  of  the  sides,  75  feet  distant,  are  the  quarters  of  the  officers  and  the 
guards  and  the  storerooms  where  the  provisions  are  kept. 

On  the  other  side,  at  an  equal  distance,  are  the  baths  and  the  laundry. 
The  bathrooms  have  a  reservoir  and  an  apparatus  for  heating  which  pro- 
vides hot  water  in  abundance  for  baths  during  the  winter.  This  reservoir 
is  also  very  useful  in  case  of  infectious  diseases,  for  here  can  be  disin- 
fected in  a  few  hours,  every  mattress,  every  wooden  bed,  every  piece  of 
bed  linen,  and  all  clothing  supected  of  being  infected  with  disease.  The 
women's  quarters  are  in  the  center  of  the  area  at  a  league's  distance  from 
any  other  building.  At  the  side  of  the  hospital  is  a  pavilion  especially 
reserved  for  the  treatment  of  consumptives.  The  hospitals  and  the 
quarters  of  the  sick  contain  iron  beds  which  are  more  hygienic  and  are 
more  easily  disinfected  than  the  others. 

Under  no  circumstances  is  the  prisoner  compelled  to  work  in  chains, 
or  be  encumbered  with  any  kind  of  bonds,  either  going  or  returning  from 
his  work.  No  officer  or  guard  is  allowed  to  strike  a  prisoner  excepting 
in  a  case  of  legitimate  self-defense ;  the  director  alone  has  the  right  to 
order  a  disciplinary  punishment.  If  a  prisoner  is  ill,  he  is  sent  to  the 
hospital  immediately  and  the  physician  decides  when  he  is  able  to  return 
to  his  work  after  his  illness,  or  assigns  him  to  some  other  occupation. 

The  alluvial  parts  of  Louisiana  are  divided  into  a  certain  number  of 
levee  districts,  each  district  being  responsible  for  the  construction  and  the 
repairing  of  its  own  dikes  (levees). 

The  work  is  let  to  contractors  by  competitive  bids,  and  the  council  of 
administration  of  the  penitentiary  can  then  compete  just  like  any  indi- 
vidual contractor.  As  it  is  necessary  to  spend  a  great  deal  of  money  for 
the  construction  of  temporary  quarters,  the  council  accepts  only  large 
contracts,  that  is  to  say  contracts  which  permit  the  men  to  work  from  four 
to  six  months  without  separating  them  more  than  a  league  and  a  half 
from  their  camps. 

The  system  of  organization  has  a  military  character  in  the  farms 
as  well  as  in  the  camps.  Each  section  is  composed  of  125  to  150  men.  A 
captain  is  at  the  head  of  the  command ;  he  is  responsible  to  the  council 
for  the  good  behavior  of  the  prisoners  and  for  the  care  which  they  require, 

100 


as  well  as  for  the  proper  execution  of  the  work.  He  has  under  his  orders 
two  sergeants  who  are  his  lieutenants  and  a  guard  for  every  ten  prisoners. 
Each  section  has  a  head,  who  is  a  prisoner  of  the  white  race,  intelligent, 
sentenced  to  a  short  imprisonment,  who  under  the  orders  of  the  captain 
holds  the  leadership,  keeps  the  statistics,  and  distributes  the  provisions, 
and  the  clothing.  A  prisoner  tailor  has  charge  of  the  repairing  of  the 
garments,  and  others  are  occupied  in  washing  and  keeping  beds  and  bed- 
furnishings  in  a  state  of  perfect  order. 

Each  group  of  buildings  has  one  guard  during  the  day  and  three 
during  the  night ;  each  of  the  sentinels  being  posted  at  an  extremity  of 
the  building,  at  the  interior  of  which  is  found  a  guard  corps.  The 
physician  of  the  prison  visits  the  quarters  daily. 

Evidences  of  good  conduct  may  secure  a  commutation  of  the  sentence. 

This  system  is  regarded  as  the  best  of  the  systems  tried  up  to  the 
present  by  the  state.  The  health  of  the  prisoner  is  in  general  excellent, 
the  rate  of  mortality  is  low,  and  the  financial  results  are  satisfactory. 


XOI 


REPORT  PRESENTED  BY  M.  ANTOINE  MARCOVICH 

DIRECTOR-IN-CHIEF    OF    THE    PENITENTIARY    AT    GRAZ     (AUSTRIA) 

[TRANSLATOR,  J.  M.  BIGGS] 

It  is  generally  difficult,  or  even  impossible,  to  secure  in  sufficient 
measure  for  all  prisoners,  especially  for  those  in  prisons  of  minor 
importance,  employment  corresponding  to  the  trade  of  each.  The  fault 
lies,  on  one  side,  in  the  continual  opposition  of  small  manufacturers  from 
without,  and  in  the  equipment  of  the  prisons.  Besides,  it  is  often  neces- 
sary to  fall  back  upon  an  occupation  which  is  only  an  expedient  for 
keeping  prisoners  busy,  and  which  in  no  way  conduces  to  their  educa- 
tion and  future  welfare. 

Considering  that  50  per  cent,  at  least  of  the  prisoners  belong  to  the 
agricultural  class,  and  that  agriculture  lacks  laborers,  it  is  seen  that, 
for  them,  a  trade,  which  they  learn  at  any  rate  only  very  imperfectly, 
has  almost  no  utility.  Besides,  they  will  be  able  to  pursue  it  later  only 
in  cities,  where  they  will  form  a  dangerous  laboring  class.  In  regard  to 
employing  them  in  manufacturing  paper  boxes,  in  spinning,  in  sewing, 
the  tendency  is  to  enfeeble  them  physically  and  render  them  incapable 
of  devoting  themselves  to  the  more  laborious  trades  upon  their  release 
from  prison.  Again,  in  considering  those  prisoners  whose  usual  occu- 
pation is  agriculture  or  who  work  at  a  trade  and  fail  to  earn  a  living 
through  overcrowding  of  places,  the  question  arises  whether  it  would 
not  be  better  to  employ  them,  during  their  detention,  in  rural  labors  or 
in  the  vineyards. 

There  is  no  state,  which  has  not,  within  its  own  boundaries,  a  quan- 
tity of  work  to  be  done,  such  as  straightening  of  rivers  and  streams,  con- 
struction of  roads,  improvement  of  the  soil,  etc.  These  labors  remain 
undone,  very  often,  either  because  workmen  are  not  found  in  sufficient 
number,  or  because  ordinary  labor  costs  too  much.  Very  well !  these 
are  precisely  the  tasks  which  convicts  should  be  made  to  do.  Although 
those  who  uphold  the  principle  of  repression  pure  and  simple  do  not 
admit  that  prisoners  should  be  employed  in  the  open  air,  long  experi- 


ence  shows  that  employment  on  earthworks,  even  when  a  prolonged  stay 
outside  the  penitentiary  is  necessary,  exercises  upon  them  an  influence 
beneficial  in  every  respect.  The  principle  of  repression  and  intimidation 
is  condemned  by  the  fact  that  punishment  inflicted  under  such  con- 
ditions, while  it  prevents  the  criminal  from  doing  harm  for  the  time 
being,  has  never  resulted  in  the  least  good.  Recidivism  increases  in 
an  alarming  degree.  To  think  that  our  age  cannot  without  difficulty 
free  itself  from  this  rigid  theory  of  a  former  age!  A  punishment  which 
makes  idlers  out  of  prisoners  should  not  be  applied  to  them  under  pre- 
text of  intimidation ;  on  the  contrary  they  should  be  accustomed  to  the 
most  difficult  tasks,  it  may  be  outside  the  penal  institution,  in  order  that 
after  their  liberation  they  may  become  useful  members  of  society.  It 
is  not  by  tortures,  as  in  the  time  of  the  Spanish  Inquisition,  nor  by  pun- 
ishments as  severe  as  possible,  that  we  today  seek  to  suppress  crime. 

In  Austria,  the  smaller  industries  having  complained  repeatedly  of 
the  harm  done  to  them  by  convict  labor,  the  Department  of  Justice,  under 
a  resolution  of  the  Chamber  of  Deputies,  decided  in  1885,  with  the  con- 
sent of  the  Department  of  Agriculture,  to  employ  prisoners  in  the 
improvement  of  streams  and  in  earthworks.  In  this  case  it  was  only 
necessary  to  apply  a  previous  ordinance  of  1866,  a  time  when  it  was 
already  considered  very  desirable  that  prisoners  who  had  not  been 
accustomed  to  sedentary  life  should  be  employed  as  far  as  possible  in 
the  open  air.  In  1886  a  first  detachment  of  sixty-five  prisoners,  selected 
carefully  from  the  establishment  which  I  was  managing,  was  sent  into 
the  Alps.  The  results  were  so  satisfactory  that  in  the  following  years 
the  number  of  prisoners  employed  in  work  in  the  country  considerably 
increased. 

It  is  not  to  bayonets  nor  to  thick  prison  walls  that  this  success  is  due, 
but  to  the  discipline  inculcated  in  the  prisoners  as  a  moral  factor.  It  has 
been  shown  more  and  more  conclusively  that  work  in  the  fields  has  a 
most  beneficial  effect  upon  well-disciplined  prisoners;  that  it  contributes 
highly  to  their  moral  improvement,  and  prepares  them  to  make  good  use 
of  their  liberty.  Letters  coming  from  the  townships  and  principal  locali- 
ties of  the  district,  as  well  as  from  parishes,  praise  the  employment  of  the 
convicts;  the  burgomaster  of  Marburg  wished  that  prisoners  who  had 
had  a  certain  apprenticeship  in  prisons  might  be  employed,  in  great 
numbers,  in  restoring  the  vineyards,  and  he  sees  there  a  question  abso- 

103 


lutely  vital  for  .agriculture.  Other  reports  commend  the  conduct  and 
bearing  of  the  detachments  sent  a  great  distance  from  the  penitentiary; 
all  observe  that  the  successful  results  are  due  to  the  good  instruction  of 
the  overseers  and  the  severe  discipline  imposed  upon  the  prisoners.  Not 
only  have  the  latter  worked  with  diligence  and  conducted  themselves 
admirably,  but  very  often,  in  cases  of  fire  or  inundation,  they  have  thrown 
themselves  into  the  rescue  of  their  fellows  with  a  real  spirit  of  sacrifice. 
They  were  proud  of  their  conduct;  noble  sentiments  were  awakened  in 
them;  and  all  this,  we  believe,  was  due  to  the  mode  of  applying  the 
punishment. 

Let  us  consider  the  sanitary  point  of  view.  With  the  exception  of 
some  mild  acute  complaints,  such  as  rheumatism,  catarrh  of  the  respira- 
tory organs,  and  wounds  resulting  from  accidents,  prisoners  who  work 
in  the  open  air  are  exempt  from  those  maladies  peculiar  to  prisons  which 
are  contracted  by  so  many  who  are  condemned  to  permanent  indoor  work. 
Very  many  among  them  who  suffered  from  anemia,  scrofula,  latent  or 
pronounced,  suspected  disease  of  the  lungs,  and  general  debility  (pre- 
mature decline  )^  have  been  cured  or  improved  by  outdoor  work.  In 
certain  cases  apathy  and  lack  of  will-power,  manifested  especially  in 
intellectual  idleness  and  moral  depression,  have  disappeared.  Work  in 
the  open  air  has  not  ony  proved  salutary  in  the  preservation  and  improve- 
ment of  physical  health,  but  it  has  even  arrested  the  development  of 
mental  maladies  ill  their  early  stage.  One  can  judge  of  the  excellent 
influence  which  it  exerts  upon  the  looks,  the  bearing,  and  the  whole 
disposition  of  life  of  prisoners  employed  outdoors,  even  upon  those 
already  advanced  in  years.  Moreover,  since  prisoners  are  made  to  work 
in  the  open  air,  the  conditions  of  the  prisons,  which  influenced  disease 
and  death,  have  improved  considerably. 

I  wish  to  relate  the  following  incident:  During  the  winter  of  1892 
it  was  found  necessary  to  have  recourse  to  a  detachment  of  180  prison- 
ers and  18.  overseers,  in  the  execution  of  some  works  on  the  Drave,  in 
the  Rosenthal,  near  Klagenfurt,  in  Carinthia,  where  in  winter  Siberian 
cold  holds  sway.  Four  years  before,  the  government  4lad  tried  in  vain 
to  complete  the  enterprise  with  some  workmen  whom  it  paid  very  highly, 
but  who  were  incapable  of  enduring  for  any  length  of  time  the  severe 
cold  and  snowstorms  of  that  country.  Lodged  in  barracks  of  wood  (a 
penitentiary  of  planks!)  constructed  by  themselves  and  capable  of  being 

104 


warmed,  these  prisoners,  from  October,  1892,  to  March,  1893,  accom- 
plished the  tunneling  of  the  mountain.  So  remarkable  was  the  work,  and 
so  irreproachably  had  the  men  conducted  themselves,  that  the  emperor 
conferred  upon  the  commandant  of  the  detachment  the  Cross  of  Merit. 
The  work  had  been  done  in  spite  of  the  rigors  of  winter,  when  the  ther- 
mometer had  fallen  as  low  as  30°,  Reaumur. 

Employment  of  prisoners  in  the  open  air  has  not  weakened  the  force 
of  the  penalty  which  should  be  borne  in  expiation  for  transgression  of 
the  law,  that  is  to  say,  for  the  wrong  that  has  been  done.  The  men  are 
still  deprived  of  their  liberty,  are  isolated  in  individual  cells  after  their 
hard  toil  is  over,  and  they  are  subjected  to  rigorous  discipline ;  but  no 
longer  is  there  uninterrupted  isolation  in  the  heavy  air  of  a  dungeon,  no 
longer  those  occupations  which  often  produce  mental  derangement.  The 
pernicious  effects  of  a  system  which  ends  in  imprinting  upon  the  prisoner 
the  stigmata  of  the  convict  are  banished  or  at  least  diminished.  Without 
doubt  the  open-air  system  relieves  the  prisoner  and  exercises  a  favorable 
influence  upon  his  morality.  Thenceforth  his  penalty  achieves  its  princi- 
pal aim,  which  should  be  the  reform  of  the  prisoner.  If  one  takes  into 
account  the  facts  which  have  just  been  stated,  I  am  convinced  that  he 
will  solve  the  question  of  open-air  employment  of  prisoners  by  placing 
himself  at  the  right  point  of  view. 

The  authorization  of  the  employment  of  prisoners  in  these  works 
by  direction  of  the  competent  authority  should  be  given  under  the  fol- 
lowing conditions: 

GENERAL   PRINCIPLES 

1.  In  penitentiaries  or  prisons  possessing  some  arable  land,  prisoners 
acquainted   with   agriculture   should,   before   all   others,   be   required   to 
cultivate  this  ground,  naturally  under  adequate  supervision. 

2.  If  work  in  the  open  air  at  a  certain  distance  from  the  penitentiary 
is  offered,  we  should  endeavor  then  to  obtain  employment  for  the  prison- 
ers,  especially  when  it  is  a  work  of  public  utility  undertaken  by  the 
state,  the  communes,  or  other  public  corporations,  and  where  it  will  prob- 
ably be  a  work  of  fairly  long  duration. 

3.  Prisoners    should    be    employed,    preferably,    in    large    enterprises 
of  public  utility,  such  as  correction  of  rivers  and  streams,  construction 
or  improvement  of  roads,  the  building  of  railways,  planting  destitute  and 
sterile  countries  with  trees,  works  of  drainage,  reclaiming  ground  and 


rendering  it  fertile.  In  such  works  prisoners  from  the  nearest  prison 
should  be  employed,  and  once  the  work  is  ended,  the  detachments  should 
return  to  their  place  of  detention. 

4.  These  detachments   should  be  composed  only   of  those  prisoners 
who  belong  to  the  agricultural  class,  and  whose  conduct  and  character 
give  assurance  that  they  will   not  abuse  the  very  great  liberty  which 
accompanies  open-air  occupations. 

5.  In  the  course  of  a  season  one  should  join  to  these  detachments 
those  prisoners  in  cells  who  ask  for  the  privilege. 

6.  Independently  of  the  works  already  named,   detachments   should 
be  assigned  for  employment  by  individual  farmers  in  fields  and  vineyards 
close  to  the  penitentiary,  provided  there  is  an  attestation  of  communal 
authority  certifying  that  it  has  been  impossible  to  find  free  workmen  for 
these  tasks. 

Organisation  of  detachments. — In   the  organization   of  detachments 
one  should  proceed  essentially  as  follows : 

1.  Care  should  be  taken  that  among  the  guards,  who  have  served  as 
soldiers,  there  should  be  those  who,  as  sub-officers,  are  familiar  with  the 
execution  of  technical  works,  so  that,  as  commandants  of  detachments, 
they  may  be  prepared  to  direct  the  works,  as  is  often  necessary. 

2.  In  the  schools  of  the  prisons  greater  attention  than  has  been  cus- 
tomary should  be  given  to  instruction  in  agriculture.     This  should  be 
done  in  order  that  those  instructed  may  learn  the  practice  of  arbori- 
culture and  vine-culture,  and  that,  in  a  general  way,  they  may  gain  the 
greatest  possible  knowledge  of  agriculture. 

3.  Especially  is  it  necessary  that  legislation  should  provide  for  the 
employment  of  prisoners  upon  open-air  works.     The  state,  for  example, 
should  allow  contracts  on  public  works,  such  as  correction  of  rivers  and 
streams,  etc.,  only  on  condition  that  prisoners  shall  be  employed  there. 

4.  In  order  to  prepare  detachments  for  work  there  is  need  of  suffi- 
ciently long  preparation;  from  the  point  of  view  of  the  financial  results 
of  the  enterprise,  it  is  an  advantage  to  begin  the  works  as  soon  as  pos- 
sible; as  an  enterprise  may  be  long  or  short,  the  expenses  of  equipping 
the  detachments  as  well  as  the  cost  of  constructions  and  transportation 
should  always  be   cut   down  to  the   minimum.     In   consequence,   those 
establishments   which   desire   to   employ   their   prisoners    upon   open-air 
work  should  make  application  to  the  proper  authority,  which  should  make 

106 


a  decision  as  soon  as  possible  and  inform  the  director  of  the  prison  of 
the  works  to  be  executed  in  the  coming  season,  and  the  number  of  prison- 
ers to  be  employed. 

5.  One  should  seek  to  employ  at  the  same  task  the  greatest  possible 
number  of  prisoners,  with  thirty  as  a  minimum. 

6.  For  works   in  the  vicinity  of  the   penitentiary,   the  detachments 
should  contain  a  smaller  number ;  they  should  be  composed,  nevertheless, 
of  at  least  ten  men. 

7.  To  the  regulation  of  the  house  and  to  the  instructions  of  service 
there  should  be  added  a  special  regulation  for  the  detachments,  which 
shall  be  in  force  during  the  time  of  the  undertaking. 

8.  The  equipment  of  the  prisoners  who  are  to  take  part  in  the  expe- 
dition should  be  ready  in  time;  it  should  include  the  following  items: 
two  entire  suits  for  summer,  one  suit  for  winter,  one  pair  of  high  boots 
(for  wading  in  water),  a  pair  of  shoes,  and  a  large  straw  hat. 

9.  The  detachments  should  be  lodged  in  the  proximity  of  the  works  to 
be  executed.    If  there  is  found  in  the  vicinity  an  appropriate  building,  or 
one  which  can  be  adapted  to  the  need  with  little  expense,  the  detachments 
should  be  lodged  there ;  if  there  is  none,  the  prisoners  sent  out  to  prepare 
the  lodgings  should  build  barracks  of  wood,  after  the  pattern  of  military 
barracks,  or  a  blockhouse  with  a  kitchen;  for  this  purpose  one  should 
add  to  the  fo^ce  both  guards  and  prisoners  who  are  familiar  with  carpen- 
tering, masonry,  locksmithing,  etc. 

10.  The  maintenance  of  the  prisoners  during  the  undertaking  is  of 
equally   great   importance ;   and   the   administration   of   the   penitentiary 
should  take  the  necessary  measures  in  time. 

11.  Each  detachment  should  be  commanded  by  a  chief  guard,  who 
should  have  under  him  the  necessary  number  of  guards.     One  guard  is 
sufficient  for  ten  prisoners. 

12.  When  a  prisoner  forms  part  of  a  detachment,  the  measures  for 
rendering  the  sentence  more  severe  are  not  to  be  applied  if  the  physician 
declares  them  incompatible  with  the  heavy  task  which  the  prisoner  must 
accomplish. 


107 


REPORT  OF  J.  V.  HURBIN 

DIRECTOR   OF   THE   PRISON    AT    LENZBOURG,    SWITZERLAND   X 

[TRANSLATOR  CHARLES  R.  HENDERSON] 

OUTDOOR  LABOR  FOR  PRISONERS 

The  penalty  of  incarceration  rests  on  the  deprivation  of  liberty.  One 
might  suppose  from  this  that  a  penalty  is  all  the  better  for  responding  to 
this  principle.  But  this  point  of  view  would  be  in  direct  and  evident  oppo- 
sition to  the  modern  conception,  more  humane,  which  is  entertained  in 
respect  to  detention.  In  fact,  if  this  theory  were  logically  held,  the  ancient 
and  somber  dungeon  would  be  the  ideal  type  of  prison.  All  kinds  of  work 
in  the  open  air  should  be  placed  on  the  prohibited  list.  In  our  day,  thank 
God,  we  have  risen  above  this  mora]  meanness,  and  we  regard  the  sen- 
tence from  a  more  humane  point  of  view.  The  extreme  theory  of  intimi- 
dation has  had  its  day.  We  now  seek,  not  merely  to  intimidate  the  culprit, 
but  to  improve  him,  and  we  extend  the  hand  of  reconciliation  to  the 
repentant  sinner. 

I.  With  a  well-ordered  service  of  surveillance  and  with  a  vigilant  con- 
trol, we  can  deprive  the  convict  of  liberty  outside  the  walls  of  the  prison, 
in  a  degree  naturally  less  restrictive  and  oppressive.  If  this  affirmation  is 
true,  then  the  labor  of  convicts  in  the  open  air  must  be  regarded  as 
admissible.  We  begin  By  taking  liberty  away  completely  from  a  convict 
who  has  made  bad  use  of  it,  so  that  he  may  learn  to  appreciate  it.  But 
we  do  not  wish  to  leave  him  to  languish  forever  in  prison ;  on  the  con- 
trary we  wish  to  conduct  him  by  progressive  stages  to  liberty,  and  to  teach 
him  to  make  a  better  and  legitimate  use  of  it.  And  this  purpose  we  can 
best  attain  by  means  of  intermediate  or  transitional  stages,  prudently  and 
rationally  planned.  It  is  for  these  establishments  that  we  take  into  con- 
sideration the  occupations  in  the  open  air,  as  well  as  in  the  last  period  of 
the  penalty  preceding  liberation,  conditional  or  absolute. 

Work  in  the  open  air  is  also  suitable  for  convicts  serving  a  short  sen- 
tence (one  to  six  months)  who  have  not  learned  any  trade  and  who 
would  not  have  time  to  learn  one  in  so  brief  a  period.  Such  prisoners  are 

1 08 


not  well  fitted  for  trades.  Naturally  we  must  exclude  from  work  in  the 
open  air  the  recidivists  who  merit  a  more  severe  punishment,  as  well 
as  minors  who  must  not  be  permitted  to  labor  along  with  men  older  than 
they  are;  although  in  the  houses  of  correctional  education,  for  example, 
they  may  very  well  be  occupied  with  agricultural  labor.  There  is  a  great 
advantage  also  in  employing  in  the  open  air  persons  condemned  to  work- 
houses (Zwangsarbeit)  for  idleness  and  vagabondage.  They  will  profit 
by  it  themselves,  because  then  they  will  have  the  opportunity  to  learn 
something,  while  the  administration  of  the  establishment  will  also  profit 
by  securing  an  immediate  return  from  the  work  of  men  unfit  for  any  kind 
of  difficult  manual  occupation. 

Finally,  we  recommend  employment  in  the  open  air  for  prisoners 
whose  health,  injured  by  prolonged  incarceration,  is  seriously  impaired. 
Such  persons  are  found  in  all  prisons.  The  open  air  improves  the  appe- 
tite as  well  as  the  digestion. 

2.  In  response  to  the  question,  what  occupations  are  suitable  for 
prisoners  working  in  the  open  air,  I  answer,  in  a  general  way :  All  those 
kinds  of  labor  which  can  be  executed  without  exposing  the 'laborers  to  the 
curious  observation  of  the  public.  There  are  prisoners,  fortunately,  who 
have  not  lost  all  sense  of  shame  and  who  do  not  like  to  be  seen  in  their 
convict  garl,  and  to  be  made  a  spectacle  in  a  public  way.  There  are 
others  who  have  become  insensible  to  shame.  These  would  only  become 
more  hardened  by  being  exhibited  before  the  gaze  of  all.  For  the  same 
reason  the  more  public  roads  should  be  avoided  in  conducting  convicts  to 
and  from  the  penitentiary,  and  they  should  not  be  taken  through  inhabited 
places.  It  follows  that  the  work  to  be  done  ought  not  to  be  at  a  great 
distance  from  the  prison.  The  difficulties  of  supervision  are  increased 
with  distance. 

Finally,  we  should  not  employ  nor  compel  the  prisoners  to  labor  on 
public  works  where  their  life  may  be  exposed  to  danger.  The  free  citizen 
may  "sell  his  skin"  as  it  seems  good  to  himself ;  no  one  has  an  interest  nor 
a  right  to  prevent  him.  But  we  should  not  require  of  a  man  who  is 
powerless  in  respect  to  the  state  to  labor,  against  his  will,  at  the  risk  of 
his  life.  The  state  has  not  the  right  to  require  that.  And  in  any  case,  the 
prisoners  ought  always  to  be  insured,  for  their  own  benefit,  against 
accident. 

The  occupations  which  we  can  more  especially  recommend  for  prison- 
log 


ers  in  the  open  air  are  making  excavations  and  embankments  for  the  con- 
duct of  water ;  for  the  foundation,  repair,  and  maintenance  of  roads ;  the 
improvement  of  rivers ;  the  construction  of  buildings ;  and,  in  thinly  popu- 
lated places,  field  work,  cultivation  of  prairies  and  vines,  cutting  wood, 
fertilizing  and  clearing  land. 

3.  And  now,  under  what  conditions  may  work  be  undertaken  in  the 
open,  air?  The  observations  which  I  have  been  able  to  make  during 
thirty  years  of  practice  and  experience  in  our  own  establishment,  where  we 
have  on  the  average  twenty  to  thirty  prisoners  daily  at  work  outside,  have 
led  me  to  the  following  conclusions : 

a)  The  director  should  not  permit  any  prisoners  to  go  outside  the 
prison  for  labor  except  those  whom  he  has  observed  and  learned  to  know. 
He  should  not  be  influenced  or  duped  by  the  protestations  and  promises  of 
prisoners.    The  more  a  prisoner  eagerly  solicits  the  privilege  of  working 
outside,  and  insists  when  being  refused,  so  much  the  more  should  the 
director  use  caution.     In  any  case,  permission  to  labor  in  the  open  air 
should  be  accorded  only  to  prisoners  condemned  to  short  sentences,  or  to 
those  who  have  already  served  most  of  their  time. 

b)  The  guards  appointed  to  supervise  outdoor  labor  should  be  tried 
men,  worthy  of  confidence.    Lazy  hirelings  are  of  no  use  for  this  task.    It 
is  necessary  that  they  know  the  work  which  they  are  to  supervise,  and 
how  it  should  be  done.    A  guard  should  not  be  responsible  for  more  than 
seven  or  eight  men  at  one  time. 

c)  In  order  to  prevent  all  dealings  with  the  outside  world  and  all 
contraband  trade  in  tobacco,  food,  tools  for  escape,  etc.,  care  must  be 
taken  to  avoid  communication  with  all  persons,  whether  at  the  place  of 
work  or  on  the  road. 

d)  The  labor  ought  not  to  be  in  contradiction  with  the  purpose  of 
conviction  but  should  tend  to  fulfil  it.    The  diet  should  remain  essentially 
that  of  other  prisoners.     So  far  as  possible  all  alcoholic  drinks  should  be 
prohibited,  and  a  substitute  found  in  milk,  coffee,  etc. 

e}  Prisoners  should  be  conducted  to  the  place  of  work  and  return 
during  the  daylight. 

/)  If  the  work  to  be  done  is  far  from  the  prison,  in  order  to  prevent 
long  daily  journeys,  sheds  may  be  built  and  temporary  colonies  formed, 
if  a  vigilant  and  conscientious  chief  guard  can  be  found. 

g)  If  discord  arise  in  these  colonies  the  director  of  the  central  estab- 

IIO 


lishment  should  take  all  desirable  precautions.     Telephonic  communica- 
tion between  the  prison  and  the  colony  is  desirable. 

h)  It  seems  an  outrage  against  human  nature  to  employ  dogs  specially 
trained  for  the  purpose  of  watching  prisoners  working  in  the  open  air. 
Besides  these  animals  soon  become  familiar  with  the  men  and  permit 
themselves  to  be  caressed  and  fed  by  them. 

NOTE. — This  paper  is  worthy  of  special  consideration  from  the  fact  that  the 
author  has  had  thirty  years'  experience  in  administering  prisons,  and  keeps  from  twenty 
to  thirty  prisoners  employed  outside  all  the  time.  I  visited  him  at  Lenzbourg  in 
August,  1905. — C  R.  H. 


1X1 


REPORT  PRESENTED  BY  M.  ETIENNE  FLANDIN 

DEPUTY,     FORMERLY    ATTORNEY-GENERAL    AT    THE    COURT    OF    ALGIERS 

[TRANSLATOR,  EFFIE  W.  MILLER] 

From  the  threefold  point  of  view,  physiological,  moral,  and  economic, 
judicious  organization  of  convict  labor  may  be  considered  as  the  touch- 
stone of  a  good  prison  system.  For  a  number  of  years,  the  trend  of 
opinion  has  been  toward  demanding  the  organization  of  outside  labor, 
where  the  work  of  the  prisoner  could  be  carried  on  under  more  healthful, 
and  at  the  same  time  more  moral,  conditions,  and  where  it  could  be  a 
more  directly  productive  force  for  the  common  good. 

The  Third  International  Prison  Congress  which  met  in  Rome  in 
1885  voted  the  following  resolution ;  "The  establishment  of  works  in  the 
open  air  for  those  sentenced  for  a  considerable  period  may  be  advised  in 
certain  countries  and  in  certain  surroundings.  These  works  ought  not 
to  be  considered  as  irreconcilable  with  the  prison  system  already  employed 
in  the  different  countries."  This  idea  deserves  consideration.  We  do 
not,  by  any  means,  deem  it  Utopian.  Experiments  already  completed 
in  different  countries,  warrant  us  in  thinking  that  the  organization  of 
outdoor  convict  labor  might  bring  about  unquestionable  advancement, 
on  the  condition  of  resisting  certain  tempting  errors,  and  avoiding  certain 
dangers. 

The  first  means  which  presents  itself  in  response  to  the  view  of  the 
congress  at  Rome,  is  to  multiply  the  agricultural  penitentiaries.  Some 
attempts,  often  successful,  have  been  made  in  this  direction,  notably  in 
England  and  in  Switzerland.  A  very  interesting  study  by  our  dis- 
tinguished colleague,  M.  Kellerhals,  discovers  to  us  the  excellent  influence 
which  these  agricultural  works,  as  they  are  conducted  in  the  penitentiary 
at  Witzwil,  in  the  canton  of  Bern,  have  had  upon  the  health  and  morals 
of  the  prisoners.  This  rural  prison  is  a  marvelous  moral-reform  school, 
where  a  superintendent,  who  is  a  veritable  physician  of  souls,  knows  how 
to  distribute  work,  sometimes  laborious,  and  sometimes  almost  recreation, 
according  to  the  tendency  which  the  prisoner  exhibits  in  relation  to 

112 


improvement.  We  have  thus  the  happiest  application  of  the  principle 
of  "the  individualization  of  punishment,"  based  upon  the  improvement 
of  the  earth  by  man,  and  of  man  by  the  earth ;  but  we  owe  it  to  truth  to 
state  that  agricultural  prisons  have  not  given  everywhere  such  beneficial 
results  as  at  Witzwil.  The  results  of  experiments  which  France  has 
made  along  the  same  lines  in  Corsica  and  in  Algeria,  have  been  regarded 
as  unsatisfactory  in  view  of  the  pecuniary  sacrifices  which  they  have 
necessitated.  The  compilers  of  our  budgets  have  shown  clearly  that  the 
non-agricultural  prisoner  costs  0.52  fr.  per  day,  and  the  agricultural 
1. 60  fr.  It  is  a  serious  financial  difficulty,  but  it  is  not  the  only  one. 

How  can  we  arrange  to  employ  in  exclusively  agricultural  labor, 
throughout  the  year,  a  population  which  remains  the  same  in  number? 
It  will  perhaps  find  employment  as  long  as  the  estate  destined  for  the 
prison  must  be  improved ;  but  how  can  the  labor  of  the  prisoners  be 
utilized  afterward  in  a  permanent  manner?  How  can  they  be  employed 
during  the  time  not  occupied  in  preparing  the  ground  and  harvesting? 
And  then,  will  this  cultivating  of  flowers  and  fruits  really  be  an  "expia- 
tion" for  the  convict?  How  many  free  workmen  would  envy  their  condi- 
tion !  Is  it  the  part  of  the  prison  to  become  a  branch  of  the  agricultural 
college  or  the  model  farm  ?  Would  it  be  expedient  to  offer  to  those  who 
intend  to  acquaint  themselves  with  the  process  of  intensive  cultivation  a 
sojourn  in  a  penitentiary,  as  an  economical  means  of  perfecting  their 
agricultural  or  horticultural  knowledge? 

We  should  be  on  guard  against  misconception  of  the  services  which 
agricultural  prisons  may  render,  especially  to  young  convicts  for  whom 
there  is  the  greatest  advantage  in  learning  to  become  farmers  ;  but  we  deem 
it  necessary  to  challenge  the  expensive  establishment  of  agricultural  prisons 
located  where,  in  the  end,  once  the  property  is  cleared  up  and  improved, 
the  work  would  not  be  of  a  sufficiently  repressive  character.  That  which 
we  desire  to  see  is  agricultural  property,  created  by  the  aid  of  prison 
labor,  without  the  heavy  expenses  of  installation,  and,  when  improved, 
given  over  to  the  free  workman.  With  convict  labor  it  would  be  a  ques- 
tion of  organizing  a  legion  of  pioneers  for  the  service  of  colonization, 
and  perhaps  it  would  be  possible  to  carry  on  profitably  the  work  of 
colonization  even  in  certain  nearly  waste  regions  of  the  mother  country. 

But  the  solution  of  the  problem  seems  to  lie  in  organizing,  simultane- 
ously, indoor  and  outdoor  labor  expended  upon  works  of  public  utility. 

"3 


If  that  were  done,  there  would  be  no  need  of  abandoning  or  transform- 
ing our  prisons ;  it  would  be  sufficient  to  send  out,  under  the  surveillance 
of  guards,  gangs  of  convicts  who  would  return  to  the  prison  in  the 
evening.  The  kinds  of  work  which  could  be  done  profitably  by  convict 
labor  would  be  numerous :  the  clearing  of  land,  the  draining  of  low- 
lying  ground,  the  damming  of  streams,  the  digging  of  canals,  the  rais- 
ing of  low  land,  etc.  There  is,  however,  one  kind  of  work  that  can  be 
carried  on  in  the  neighborhood  of  all  the  penitentiaries,  and  that  is  work 
on  the  roads  of  a  parish.  What  country  is  there  where  there  are  no  roads 
to  open  or  keep  in  repair?  Then,  when  the  parish  system  is  finished,  is 
it  not  necessary  to  complete  it  by  making  country  roads?  We  know 
the  protests  that  the  requirement  of  compulsory  work  on  roads  raises  in 
our  country,  and  we  are  endeavoring  to  discover  some  plan  which  will 
lessen  the  burden  of  the  farmer.  Why  not  throw  the  burden  back  upon 
the  convict? 

The  practical  mind  of  the  Americans  is  eager  to  adopt  this  solution. 
In  North  Carolina  the  law  allows  the  offender  to  be  sentenced  "to  work 
on  the  roads."  The  system  of  highways  and  country  roads  is  kept  in 
repair  by  convicts  who  work  on  them  under  the  supervision  of  their 
guards.  In  Australia,  prisoners  are  employed  alike  in  the  construction 
of  highways  and  railroads.  Convict  labor  is  employed  on  works  of  public 
utility  in  Prussia,  Austria,  Russia,  and  Italy.  In  the  prison  colony  of 
Castiadas,  in  Sardinia,  they  have  the  curious  method  of  using  movable 
prisons,  drawn  by  oxen,  which  convey  the  prisoners,  and  change  their 
place  of  residence  as  they  complete  the  work  in  each  section. 

An  interesting  experiment  is  being  carried  on  in  Algeria  at  the  present 
time.  The  decrees  which  have  organized  the  department  of  courts  for 
punishing  the  natives  in  carrying  out  a  provision  inserted  in  1897  into 
the  law  on  the  misdemeanors  of  natives,  have  specified  that  the  penalty  of 
imprisonment  should  be  undergone,  "either  in  prisons,  or  in  local  reforma- 
tories, or  on  works  for  the  public  good."  In  executing  this  decree,  it 
was  decided,  by  a  circular  from  M.  Revoil,  the  governor-general,  that,  in 
all  mixed  communities,  labor  should  be  organized  under  the  direction  of 
the  managers  for  all  public  works,  such  as  the  opening  and  repair  of 
public  roads,  cleaning  or  irrigating  canals,  laying  of  drains  or  sewers, 
drilling  for  wells  or  springs,  planting  and  keeping  up  public  gardens 
or  nurseries,  procuring  and  transporting  materials  intended  for  use  in 

114 


public  works,  opening  of  drains  in  the  state  or  county  forests,  etc. 
The  prisoners  are  placed  in  groups  numbering  from  ten  to  thirty,  in 
order  to  facilitate  supervision  and  the  direction  of  the  work.  When  the 
work  consists  of  filling  in,  excavating,  or  moving  material,  the  days  of 
imprisonment  are  changed  to  tasks  similar  to  what  each  is  accustomed 
to  in  working  out  his  road  tax.  In  case  of  resistance  on  the  part  of  the 
convict,  refusal  to  obey,  or  failure  to  accomplish  the  work  assigned  to 
him,  he  is  subjected  to  the  same  disciplinary  measures  as  those  to  which 
he  would  be  liable  if  he  did  the  work  in  the  prison.  The  same  rules 
could  very  advantageously  be  extended  to  the  mother  country  if  the 
legislature  decided  to  depart  from  the  strict  terms  of  art.  40  of  our  penal 
code,  according  to  which,  convicts  may  only  be  employed  at  indoor  prison 
labor,  unless  there  is  an  exception  to  the  application  of  the  law  of  1893 
on  the  construction  of  cellular  prisons.  What  an  advantage  it  would  be, 
for  example,  to  make  tramps  and  beggars  work  on  the  roads  here,  as  in 
America,  instead  of  offering  them,  during  the  inclemency  of  the  bad 
season,  the  comfortable  hospitality  and  alluring  idleness  of  the  prison? 
The  whole  question  is  one  of  organizing  a  sufficiently  watchful  and  well- 
armed  guard,  so  that  there  may  be  no  danger  of  escape.  Some  difficulties 
of  a  practical  nature  appear,  but  they  are  far  from  being  insurmountable. 

We  consider,  further,  that  outdoor  work  ought  only  to  be  allowed  the 
convict  after  hj  has  already  served  a  part  of  his  sentence,  one-fourth  at 
least.  It  is  necessary,  first  of  all,  that  the  cell,  closed  to  evil,  and  open 
to  all  wholesome  influences,  should  have  produced  beneficial  results  by 
bringing  the  prisoner  face  to  face  with  himself,  by  provoking  reflection, 
and  by  strengthening  the  voice  of  his  conscience  to  improve  his  char- 
acter. We  feel  that  the  work  ought  to  be  in  proportion  to  the  strength 
of  the  prisoners,  and  graded  according  to  indications  of  improvement. 
However  laborious  it  may  be  in  the  beginning,  the  work  may  be  eased, 
little  by  little,  and  end  by  becoming,  as  the  time  of  release  approaches,  the 
comparatively  restful  work  of  cultivating  and  gardening.  This  would 
be  "the  individualization  of  punishment,"  taking  into  account  the  previous 
conduct  of  the  prisoner,  and  his  efforts  to  return  to  the  right  way. 

Finally,  it  goes  without  saying,  that  the  convict  ought  to  be  remuner- 
ated, under  just  conditions,  which  would  assure  him  on  his  discharge 
a  sum  of  money,  without  which  a  second  offense  is  inevitable. 

In  a  word,  we  are  of  the  opinion  that  outdoor  work,  which  is  actually 

"5 


labor,  would  be  a  more  efficacious  punishment  for  many  of  the  convicts, 
than  the  more  or  less  disguised  idleness  of  the  prison.  It  would  be 
infinitely  more  hygienic ;  for  to  confine  a  man  accustomed  to  life  in  the 
fields  too  long  in  the  close  atmosphere  of  the  cell  or  the  common  work- 
shop, is  to  make  him  anemic,  and  run  the  risk  of  returning  him  to 
association  with  his  fellowmen  with  the  germs  of  tuberculosis.  It  would 
be  more  profitable  to  the  government,  which  would  have  the  opportunity 
of  combining  prison  labor  with  public  works. 

We  have,  therefore,  the  honor  of  submitting  to  the  congress,  the 
following  propositions : 

1.  That  outdoor  labor  should  be  authorized,  from  the  threefold  point 
of  view,  physiological,   moral,   and   economic,   instead   of   following  the 
imperative  rule  according  to  which,  in  the  penal  code  of  France  and 
several  other  countries,  the  work  of  convicts  can  only  be  done  within 
the  prison. 

2.  Outdoor  labor  ought  to  be  permitted  only  to  those  prisoners  who 
have  served  at  least  one-fourth  of  their  term. 

3.  Prisoners  allowed  to  do  outdoor  work  ought  to  be  employed  either 
on  public  works,  or  in  agricultural  labor. 

4.  In  assigning  work,  the  prisoner's  natural  constitution,  his  previous 
conduct,  and  his  apparent  efforts  to  improve  should  be  taken  into  account, 
so  that  the  principle  of  "the  individualization  of  punishment"  may  be 
rightly  applied. 

5.  The  work  ought  to  be  paid  for  in  such  a  manner  as  to  insure  a  sum 
of  money  to  the  convict,  at  the  expiration  of  his  term  of  imprisonment. 

6.  The  organization   of  labor,   where   prisoners   adapted   to  it  could 
work  under  the  vigilant  supervision  of  their  guards,  should  be  preferred 
to  the  establishing  of  costly  agricultural  prisons. 

7.  Disobedience,  or  neglect  of  work,  should  render  the  prisoner  liable 
to  severe  disciplinary  measures. 

[The  author  adds  in  a  footnote  a  quotation  from  Sachet,  Legislation  sur  les  acci- 
dents du  travail,  Vol.  I,  p.  115:  "The  remuneration  granted  under  the  name  of  pecule 
(savings)  is  not  paid  as  ordinary  wages,  but  is  an  encouragement  granted  by  the 
grace  of  the  state.  In  their  work  the  prisoners  are  still  under  guard  and  yet  are 
removed  in  part  from  control  of  the  manager  of  the  undertaking.  The  deprivation  of 
liberty,  as  the  German  law  distinctly  requires,  is  quite  apart  from  the  treatment  of  the 
prisoner  as  a  workman."] 


116 


REPORT  PRESENTED  BY  M.  DE  LOUTCHINSKY 

FORMER    INSPECTOR    OF    RURAL    PRISONS 

A  RUSSIAN   VIEW 

[TRANSLATOR,  EFFIE  W.  MILLER] 

In  spite  of  all  possible  reforms  and  improvements  in  prisons,  the  chill 
of  the  tomb  still  prevails  there.  Without  considering  the  form  of  dis- 
cipline, the  feeling  of  disgrace  alone  which  the  prison  inflicts  makes  an 
outcast  of  the  criminal  more  than  any  other  influence  connected  with  it. 
And  yet  it  is  this  institution  which  is  charged  with  the  burden  of  reform- 
ing the  criminal,  and  creating  in  him  a  new  moral  life,  one  without 
blemish.  Here  the  question  arises :  Is  this  institution  capable  of  fulfilling 
such  a  high  and  difficult  mission,  and — why  disguise  the  truth,  however 
sad  it  may  be — is  it  able  to  accomplish  its  main  purpose  ? 

By  way  of  answering  this  question,  we  would  call  attention  to  the  great 
number  of  habitual  criminals  who,  not  only  do  not  fear  the  prison,  but,  who, 
on  the  contrary,  find  there  excellent  preparation  for  their  later  schemes. 
Our  ardent  hope  is  to  break  the  enchanted  circle  which  enchains  them,  and, 
far  from  giving  a  definite  task  to  the  prison,  try  to  make  it,  in  itself, 
less  offensive.  In  this  direction  tend  all  the  efforts  and  wishes  of  theoreti- 
cal and  practical  criminologists  who  study  the  question  with  full  knowl- 
edge of  the  subject.  In  truth,  if  the  penalty  prescribed  has  for  its  aim 
not  only  the  restoration  of  the  disturbed  equilibrium  of  public  order,  but 
also  the  prevention  of  new  attempts  on  the  part  of  the  criminal  against 
public  peace  and  safety,  it  ought  naturally  to  reconcile  him  with  society, 
instead  of  embittering  him  against  it,  to  place  upon  his  feet  the  feeble 
individual  who  has  fallen  in  a  struggle  perhaps  beyond  his  strength, 
incapable  of  resisting  his  own  evil  instincts  or  corrupting  external 
influences ;  but  it  ought  to  do  it  without  debasing  and  demoralizing 
him,  or  giving  him  the  finishing  stroke.  In  inflicting  upon  the  criminal 
the  disgrace  of  the  prison,  a  result  is  obtained  that  a  sensible  penal  policy 
would  seek  to  avoid,  namely,  the  death  of  the  human  being  in  the  criminal. 

It  follows  directly  that  all  that  does  not  help  to  secure  the  aim  of  the 

117 


punishment  ought  to  be  rejected.  Consequently,  disgracing  the  convict 
by  the  very  act  of  transforming  him  into  a  prisoner,  from  the  point  of 
view  of  penal  policy,  cannot  be  justified. 

Passing  to  the  question  of  outdoor  labor  for  convicts,  it  must  first 
of  all  be  noticed  that  it  constitutes  a  measure,  which,  if  not  so  radical 
as  the  conditional  sentence,  at  least  is  one  of  the  most  powerful  means 
which  tend  to  remove  the  criminal  from  the  pernicious  influence  of  con- 
finement on  his  own  moral  nature.  At  the  first  congress  of  representa- 
tives of  penal  institutions,  at  St.  Petersburg,  in  1902,  the  discussion 
turned  on  the  corrupting  influence  of  outdoor  work  on  the  convict,  and 
whether  this  influence  ought  to  exclude  such  work  from  prison  occupations. 
This  discussion  was  ended  in  an  unexpected  manner  by  a  statement  made 
by  Professor  J.  J.  Fomitzky,  whose  part  in  the  congress  had  been  most 
active,  and  who  declared  to  the  assembly,  in  a  calm  and  convincing 
manner,  that  the  more  time  the  convict  could  pass  outside  of  the  prison 
walls,  during  the  term  of  his  punishment,  the  more  one  could  hope  for 
favorable  results  for  him,  and  for  society  which  has  an  interest  in  his 
moral  improvement.  Such  a  point  of  view  is  perfectly  just,  inasmuch 
as  the  question  concerns  the  defects  in  our  present-day  prisons. 

But  the  stigma  of  the  punishment  inflicted  on  the  prisoner  must  be 
taken  into  consideration  in  the  question  of  outdoor  labor,  especially  with 
regard  to  its  publicity.  Everyone  has  seen  prisoners  in  the  street  going 
to  a  court  of  justice  or  inquiry,  under  a  guard  of  armed  soldiers,  or 
returning  to  prison  in  the  same  way  after  the  trial.  It  would  seem  that 
confining  a  convict  for  several  months  between  four  walls  ought  to  have 
the  effect  of  making  him  enjoy  the  fresh  air,  of  causing  him  to  fill  his 
lungs  with  deep  breaths,  and  be  interested  in  the  lilac  blossom  and 
the  green  grass.  Wherefore,  tKen,  do  we  see  these  morose  figures  in 
their  gray  suits,  walking  with  heads  down,  trying  to  conceal  their  dirty, 
shaven  faces,  not  daring  to  raise  their  eyes,  which  seem  to  fasten  them- 
selves to  the  step  of  the  soldiers  marching  at  the  head  of  the  group,  with- 
out casting  a  glance  on  the  busy  surroundings,  all  movement  and  life? 
Is  this  an  unfamiliar  sight?  It  is  very  evident  that  they  are  ashamed 
of  their  guard,  their  dress,  and  their  situation  as  prisoners.  Cast  a  glance 
on  the  group  of  convicts  occupied  in  cleaning  the  market-place.  You 
will  see  on  the  face  of  each  only  the  impenetrable  mask  of  perfect  indif- 
ference to  all  their  surroundings,  only  the  professional  appearance  of 

118 


the  prisoner  with  the  characteristic  sparkle  of  insolence  and  effrontery  in 
his  eye,  which  marks  the  convict  among  a  thousand  free  men.  Do  not, 
then,  forget  that  the  disheartening  aspect  of  the  convicts  of  the  market- 
place is  clue  to  these  same  labors  carried  on  outside  the  prison  walls, 
which,  instead  of  rescuing  the  prisoner  from  the  gehenna  of  seclusion, 
instead  of  bringing  about  the  desired  result,  seem  to  attach  him  to  the 
prison  class,  stamping  upon  him  such  an  official  seal  that  not  only  the 
will  and  the  decreasing  strength  of  the  prisoner,  but  even  time  itself 
cannot  break  it. 

The  cause  of  this  condition  evidently  lies  in  the  publicity  of  the  work, 
which,  under  different  circumstances,  would  have  produced  different 
results.  The  prisoner,  exposed  as  in  a  pillory  by  work  carried  on  out- 
side the  prison,  who,  before  he  committed  the  crime,  was  a  merchant, 
proprietor,  or  workman,  from  that  moment  ceases  to  exist  as  such  for 
his  world,  rural  or  urban,  for  the  circle  of  his  relatives  and  friends,  among 
whom  he  has  lived,  and  who  have  known  him,  as  they  know  others,  to 
be  good  or  bad,  drunkard,  libertine,  or  simply  unfortunate,  but  not  as 
prisoner.  From  this  moment  the  prison  engulfs  him  completely,  as  a 
bog  swallows  up  its  prey.  The  man  disappears,  and  in  his  place  appears 
the  disagreeable  figure  of  the  convict,  without  personality  or  name. 

This  is  sufficient  to  prove  that  an  organization  which  prescribes  out- 
door work  for  convicts  under  the  eyes  of  the  public,  ought  to  be  sup- 
pressed. But  as  most  of  the  works  of  this  kind  are  of  a  more  or  less 
public  character,  a  rigid  application  of  the  principle  indicated  would  pre- 
sent an  obstacle  injurious  to  the  works  themselves.  We  cannot  feign 
ignorance  of  this  fact,  for  it  is  certain  that  the  removal  of  goods  from  one 
place  to  another,  the  loading  of  wagons  at  the  railway  stations,  working 
at  the  wharves,  cleaning  the  market — all  these  sources  of  profit  from  the 
convict  would  necessarily  disappear  with  the  establishment  in  the  prisons 
of  more  appropriate  methods ;  would,  in  fact,  become  obsolete,  as  has 
almsgiving,  which  was  formerly  practiced  to  swell  the  prison  budget,  the 
request  being  made  openly,  in  the  streets,  by  the  prisoners  themselves, 
chained  together  in  groups. 

It  would  seem  inconsistent  to  demand  that  the  work  of  convicts,  carried 
on  within  the  prison  and  organized  by  the  board  of  managers,  should 
conform  more  or  less  to  the  aim  of  the  institution,  while  at  the  same  time, 
the  organization  of  outdoor  labor  should  be  intrusted  mainly  to  chance, 

119 


the  most  thought  being  given  to  the  lucrative  side  of  the  work.  It  is  true 
that  convicts  who  are  most  worthy  of  confidence  are  chosen  for  the  out- 
door work,  but  it  cannot  be  denied  that  among  these,  many  ought  to  be 
the  object  of  a  special  moral  cure  by  work,  and  also,  that  the  work 
assigned  to  them  may  not  only  be  useless  from  the  point  of  view  of 
corrective  influence,  but,  moreover,  absolutely  injurious. 

In  the  account  given  of  the  manufactured  articles  shown  at  the  Rus- 
sian exhibition  in  1902,  which  would  serve  as  patterns  for  prison  work- 
shops, we  said  that  with  a  regulated  prison  system,  based  on  the  idea 
of  the  reform  of  the  prisoner,  convicts  ought  to  be  surrounded  constantly 
by  an  atmosphere  of  labor,  which  would  be  strengthening  even  if  obliga- 
tory, but  of  labor  remunerated,  well  directed  and  profitable,  adapted  to  the 
strength  and  capacity  of  each.  Such  work  would  not  prove  distasteful ; 
on  the  contrary,,  the  prisoners  would  become  accustomed  to  it  insensibly, 
would  grow  interested  in  it,  and  could  return  to  their  former  home,  not 
as  parasites,  but  as  laborers  transformed  into  useful  citizens. 

This  elementary  rule  which  sets  forth  in  concise  form  the  nature  of 
the  system  of  penal  labor,  is  perfectly  applicable  to  outdoor  convict  labor, 
in  so  far  as  this  work  is  designed  to  bring  about  the  moral  regeneration 
of  the  convict.  But,  at  the  same  time,  we  have  reason  to  say  that,  in 
reality,  among  the  works  carried  on  outdoors,  none  of  them,  whether 
private  or  governmental  when  organized  exclusively  on  economic  or 
commercial  grounds,  meets  the  needs  of  the  prison.  The  practice  in  peni- 
tentiaries, in  former  times,  was  to  pay  110  attention  to  the  kind  of  work 
carried  on  by  the  convicts  outside  the  prison,  an  indispensable  precaution 
in  reaching  a  rational  solution  of  the  question.  Finding  itself  in  this 
dilemma — either  to  refuse  work  which  was  materially  advantageous,  or 
to  allow  it  from  the  point  of  view  of  ordinary  work  without  taking  into 
account  its  corrective  influence — the  old  prison  system  often  preferred  the 
latter  solution. 

In  speaking  of  the  principle  of  the  utility  of  open-air  works,  we  must 
not  rely  upon  those  whose  organization  attains  a  degree  of  perfection  in 
itself,  and  benefits  the  convicts  who  are  in  need  of  it.  It  is,  indeed,  more 
simple  and  practical  to  go  to  the  mountain — following  the  example  of 
the  Mohammedan  prophet — especially  when  it  refuses  to  come  to  you ; 
in  other  words,  it  would  be  necessary,  on  one's  own  initiative,  to  organize 
the  works  required,  according  to  rational  principles,  and  also  in  accord- 


ance  with  an  elaborated  programme,  in  order  that  the  convicts  one  has 
in  mind  might  be  influenced  in  the  desired  way,  taking  into  consideration 
the  needs  of  the  situation.  The  desired  result  could  be  reached  only  in 
this  manner.  The  most  serious  obstacle  which  this  method  meets  lies  in 
the  physical  impossibility  for  the  managers  simultaneously  to  direct 
separated  groups  of  convicts,  who  mutually  exclude  each  other  as  do  fire 
and  water,  and  who  have  nothing  in  common,  either  with  respect  to 
occupation,  or  the  discipline  applied  to  each,  and  especially  separated  with 
respect  to  topography,  not  only  while  working,  but,  what  is  more  impor- 
tant, at  night. 

It  is  true  that  the  organization  of  an  enterprise  on  a  large  scale,  as, 
for  example,  the  working  of  a  brickyard,  or  the  construction  of  a  rail- 
road or  a  highway  might  involve,  or  render  inevitable,  as  has  recently 
happened  at  Kief  and  Wilna,  that  different  groups  would  have  to  be  placed 
in  households  separated  and  remote  from  the  prison,  under  the  special 
direction  of  an  officer  or  chief,  who  would  be  given  absolute  power. 
But  it  is  readily  understood  that  such  enterprises  can  only  be  carried 
on  by  the  largest  prisons,  which  have  a  large  administrative  staff  and 
a  great  many  prisoners,  so  that  it  is  possible  to  set  aside  a  hundred  or 
more  for  outdoor  labor.  But  the  majority  of  our  houses  of  correction 
(nineteen  out  of  thirty-one)  not  having  a  daily  average  above  three 
hundred  prisoners,  would  necessarily  have  to  give  up  such  an  extended 
system  of  works.  In  sending  convicts  out  in  small  groups,  one  is  often 
obliged,  whether  he  will  or  not,  to  intrust  them  to  an  insufficient  number 
of  guards,  and  sometimes  these  are  absolutely  lacking. 

It  necessarily  follows,  therefore,  that  under  such  conditions  we  can 
only  consider  an  elementary  organization  of  these  works  in  a  technical, 
and  restricted  prison  aspect,  without  granting  to  them  a  corrective  impor- 
tance, or  one  of  simple  utility,  in  taking  them,  so  to  speak,  by  the  force 
of  circumstances,  from  the  hands  of  the  managers  of  the  prison.  For- 
tunately, the  law  indicates  for  us  the  organ  of  prison  administration, 
which,  without  any  doubt,  ought  to  be  recognized  as  perfectly  competent ; 
for  by  virtue  of  Art.  298  of  our  rules  concerning  prisons,  it  is  established 
categorically,  that  the  immediate  supervision  of  the  reform  of  convicts  and 
the  permanent  adaptation  of  work  is  intrusted  to  the  care  of  a  special 
board.  We  thus  arrive  at  the  following  practical  conclusions : 

I.  The  possibility  of  obtaining  positive  results  from  outdoor  convict 

121 


labor  depends  not  only  on  the  complete  separation  of  these  prisoners  from 
others,  but  especially  on  trie  absolute  suppression  of  the  publicity  of  the 
work. 

2.  Considering,  from  the  penal  point  of  view,  the  defective  organiza- 
tion of  work  which  is  procured  for  convicts  by  private  employers,  who 
have  in  mind  only  the  economic  and  lucrative  side,  it  is  necessary  to 
.organize  open-air  labor  so  that  it  will  be  specially  adapted  to  convicts, 
and  be  based  on  principles  conformable  to  this  end. 

3.  Finally,  considering  the  lack  of  means  which  the  prison  has  to 
expend  in  carrying  on  these  works,   it  would  be  necessary,   if  serious 
moral   results   were   expected,   to   charge   some   persons   or   institutions, 
capable  of  conducting  them  to  this  end,  with  their  management;  and  it 
is   precisely   the   councils   of   direction   of   houses   of   correction,   which 
possess  the  necessary  qualities  in  this  respect. 

Concerning  the  character  of  the  organization  of,  and  the  means  of 
regulating,  outdoor  convict  labor,  attention  must  preferably  be  given  to 
work  in  the  fields. 

The  most  convincing  arguments  on  the  possibility  and  urgency  of  the 
organization  of  the  work  in  question  have  been  uttered  by  one  of  the 
most  respected  members  of  the  above-mentioned  congress,  Count  K.  K. 
de  Pahlen,  governor  of  Wilna,  in  his  very  original,  and  at  the  same  time, 
very  practical  report  on  the  organization  of  an  agricultural  prison  colony. 

In  Russia  [says  the  author  of  this  report]  90  per  cent,  of  the  entire  population 
is  engaged  in  agriculture,  and,  in  spite  of  the  fact  that  the  population  of  the  cities 
gives  the  greatest  number  of  crimes,  our  prisoners  are,  neverthe'ess,  incumbered 
with  criminals  coming  principally  from  the  rural  districts,  to  which  they  return 
after  leaving  prison.  In  my  opinion,  it  would  be  wrong  to  teach  these  people  a 
trade,  with  the  idea  of  reforming  them  and  accustoming  them  to  useful  labor. 
This  measure  would  lead  them  away  from  their  natural  surroundings,  and  if,  after 
leaving  the  prison,  the  trade  which  they  have  learned  there  (that  of  bookbinder 
or  weaver,  for  example),  couM  not  procure  for  them  immediate  employment,  the 
natural  consequence  would  be  that  they  would  necessarily  fall  into  the  way  of 
crime,  in  order  to  procure  the  means  of  living.  The  existing  type  of  prisons  does 
not  permit  of  the  convenient  organization  of  labor  other  than  that  which  can  be 
carried  on  within  the  prison,  that  is  to  say,  works  of  handicraft  or  manufacturing. 

Taking  this  indispensable  and  indisputable  condition  as  a  basis  as 
long  as  our  prisons  remain  outside  the  sphere  of  influence  of  institutions 

IM 


of  patronage,  which,  unfortunately,  find  few  adherents  among  us,  in 
spite  of  the  encouraging  measures  on  the  part  of  the  government,  the 
respected  author  of  the  report  gives  us  a  complete  plan  for  an  agricultural 
farm  colony  where  the  convicts  who  belong  to  the  farmer  class  could 
find  work,  and  the  kind  of  life  to  which  they  have  been  accustomed,  and 
would  not  be  forced  to  depart  from  the  routine  of  labor  which  they  have 
followed  from  childhood.  The  fundamental  ideas  of  the  colony  proposed 
by  Count  K.  K.  de  Pahlen  are  the  following: 

The  government  places  at  the  disposition  of  the  prison  department 
an  almost  valueless  piece  of  uncultivated  ground,  for  example,  a  peat-bog, 
where  nothing  combustible  could  be  taken.  Nearby  might  be  found  some 
sand-pits,  also  worthless.  In  the  north  of  Russia,  and  even  within  the 
limits  of  the  government  of  St.  Petersburg,  many  such  pieces  of  land 
can  be  found.  In  order  to  transform  the  peat-bog  into  a  productive 
piece  of  land,  it  would  be  sufficient,  as  has  been  shown  in  a  clear  manner 
by  the  experiments  performed  by  the  well-known  agriculturist,  Rimpon, 
to  drain  it  and  then  to  cover  it  with  sand.  The  prisoners  ought  to  be 
placed  in  small  groups  on  the  land  and  form  separated  small  farms,  whose 
buildings,  constructed  after  the  style  of  the  village  house  occupied  by  all 
the  Russian  farming  population,  that  is  to  say,  "isba,"  would  each  be  of 
sufficient  size  to  shelter  a  score  of  convicts.  The  colony  would  receive 
only  those  prisoners  who  have  begun  to  reform.  At  the  head  of  the 
institution  would  be  placed  the  director  of  the  colony,  an  agriculturist 
sent  from  a  large  institution.  Under  his  authority  would  be  placed  all  the 
other  heads  of  the  separate  small  farms,  selected  from  the  managers  of 
prisons.  In  addition  to  this,  the  persons  composing  the  management  of 
the  works  and  the  guard  of  the  colony  ought  to  be  able  to  meet  emer- 
gencies. The  discipline  of  the  colony  would  be  like  that  of  the  prison. 
The  annual  salary  of  the  workmen  would  only  amount  to  20  rubles. 
The  work-day  would  last  from  sunrise  to  sunset,  in  conformity  with  the 
habits  of  Russian  farmers. 

Let  us  add  to  what  has  been  said,  that,  according  to  the  calculations 
of  the  author  of  this  detailed  report,  who  considers  the  question  on  all 
sides,  the  amount  of  annual  expenditure  by  the  government  for  a  colony 
of  600  convicts,  organized  according  to  the  principles  stated  above,  would 
amount  to  only  5,000  rubles,  that  is  to  say,  about  9  rubles  for  each  man. 
"Comparing  this  amount,"  says  Count  K.  K.  de  Pahlen,  "with  the  cost 

"3 


of  maintaining  the  convicts  in  the  prisons  themselves,  that  is  to  siy  125 
rubles,  we  save  116  rubles  on  each  prisoner,  and  70,000  rubles  yearly  on 
the  600.  With  good  crops,  the  colony  would  probably  be  self-support- 
ing." The  extreme  elasticity  of  the  system  allows  the  carrying-out  of  the 
plan  in  any  desired  proportions,  without  changing  the  nature  of  it,  even 
in  organizing  a  large  agricultural  colony,  which  would  be  of  great  impor- 
tance from  the  point  of  view  of  social  economy,  as  in  organizing  a  modest 
small  farm  with  few  workmen.  The  organization  of  an  agricultural 
colony  for  convicts,  following  the  plan  of  Count  K.  K.  de  Pahlen,  seems 
to  offer  a  way  of  realizing,  in  a  manner  nearest  to  the  ideal,  the  principles 
which  should  serve  as  the  basis  of  the  prison  system,  inasmuch  as  it  has 
recourse  to  outdoor  labor  as  an  instrument  for  the  improvement  of  the 
prisoners  who,  before  their  imprisonment,  had  belonged  to  the  agricul- 
tural cla-ss,  for  which  class  it  combines  the  most  important  conditions  for 
the  success  of  this  difficult  work,  which  has  only  been  adopted  by  us 
in  recent  times.  These  conditions  are : 

1.  The  forming  into  groups  of  the  above-mentioned  convicts,  separat- 
ing them  from  the  other  classes  of  the  prison  population,  so  as  to  avoid 
their  demoralizing  influence. 

2.  The  suppression  of  the  feeling  of  disgrace  itself,  which  is  the  result 
of  it. 

3.  The   complete   suppression   of   the   publicity   of   work   carried   on 
outside  of  the  prison ;  and  finally 

4.  The    creation,    about   the    convicts,    of    an    atmosphere    of    work, 
strengthening  although  obligatory,  but  of  work  compensated  for,  well 
understood  and  profitable,  adapted  to  the  strength  and  capacity  of  each. 

The  organization  of  such  colonies  in  our  country  naturally  can  only 
be  an  achievement  of  the  future ;  but  we  should  state  that  at  this 
moment,  we  are  already,  in  a  measure,  trying  some  serious  experiments  in 
outdoor  labor  for  convicts  in  the  sphere  of  rural  economy,  based  on 
principles  in  conformity  with  the  conditions  mentioned  above.  Thus,  in 
1898,  in  the  province  of  Pskow,  a  field  of  about  50  arpents,  of  the  type 
recommended  by  Count  K.  K.  de  Pahlen,  was  leased,  and  the  necessary 
buildings  erected.  The  general  board  of  prisons  appropriated  a  sum  of 
6,000  rubles  for  the  colony.  Likewise  in  Orel,  in  Tomsk,  and  in  several 
other  provinces,  thanks  be  to  the  activity  of  the  local  boards,  whose  plans 
were  approved  by  the  general  board,  and  to  the  aid  furnished  from  the 

124 


state  funds  provided  for  the  opening  of  works  for  convicts,  some  agricul- 
tural prison  farms,  very  well  organized,  have  taken  rank  for  some  time 
among  our  institutions  of  public  utility,  providing,  according  to  all 
reports,  both  healthful  and  profitable  work  for  the  prisoners.  We  pass  in 
silence  the  system  of  brickyards,  which  are  under  prison  control,  which 
extends  all  over  Russia  and  also  proves  itself  to  be  an  organization  which 
works  in  a  perfectly  satisfactory  manner. 

We  may  state,  at  any  rate,  that  if  open-air  works,  organized  by  our 
recently  improved  prison  management  have  not  yet  given  positive  results, 
they  have,  nevertheless,  adopted  methods  calculated  to  lead  to  success. 


REPORT  PRESENTED  BY  MME.  THE  COUNTESS  EUGENIE 

KAPNIST 

[TRANSLATOR,  JAMES  J.  WHITE] 
I 

The  introduction  of  the  open-air  work  regime  is  a  duty  of  justice 
toward  the  prisoner,  all  the  more  so  when  the  sanitary  conditions  of  the 
prisons  leave  much  to  be  desired. 

I  take  the  privilege  of  repeating  here  the  admirable  and  just  opinion 
placed  at  the  head  of  the  report  of  Dr.  Karl  Hafner ;  a  report  which  does 
honor  to  Switzerland,  always  generous  and  wise  in  its  initiative:  "The 
penalty  involving  privation  of  liberty  ought  not  to  be  a  penalty  that 
involves  injury  to  the  health  of  the  convict."  It  is  from  this  point  of  view 
that  I  wish  to  treat  the  question  of  the  urgent  necessity  of  authorizing 
open-air  work  as  a  rule  for  the  prisoners  of  Greece. 

Though  they  are  classified  as  corrective,  penal,  and  penitentiary,  the 
Greek  prisons  are  dirty,  unhealthful,  and  totally  lacking  in  organization, 
especially  in  the  rural  districts.  The  hospitals  of  several  penitentiaries 
present  a  frightful  spectacle.  The  hemistich  of  Andre  Chenier  can  be 
applied  to  nearly  all  these  places  of  confinement:  "Nothing  is  done 
today/' 

At  Athens,  nevertheless,  the  central  prison  for  women,  the  Averoff 
prison  for  young  criminals,  and  that  of  Syngro  are  brilliant  exceptions. 
Her  Majesty,  Queen  Olga,  moved  with  compassion  for  the  precarious 
condition  of  criminal  women,  imprisoned  in  horrible  country  holes, 
exploited  often  against  every  principle  of  human  dignity,  has  done  a 
great  work  by  causing  the  erection  of  a  model  prison,  where  all  these 
detained  females  are  at  present  gathered.  The  Averoff  prison  for  young 
criminals,  through  its  wise  educational  discipline,  arouses  the  admira- 
tion of  all  foreigners  who  visit  it.  Let  me  cite  thirdly  the  Syngro  prison, 
in  the  outskirts  of  the  capital.  Unhappily,  as  I  said  before,  the  remaining 
prisons  do  not  come  up  to  this  description.  The  state  of  Hellenic  finances 
after  the  burdensome  war  of  1897  seems  not  to  have  permitted  the  com- 

126 


plete  reorganization  of  a  penitentiary  system  in  this  young  country,  so 
ready  in  other  things  to  appropriate  all  improvements ;  along  a  thousand 
other  lines  it  progresses  along  with  nations  that  had  less  to  sustain  as  a 
result  of  foreign  wars,  and  less  to  suffer  from  party  spirit  among  them- 
selves. But  certain  social  questions  are  of  very  little  interest  to  the 
majority  of  Greek  society.  Hence  their  indifference  and  deplorable  slow- 
ness in  changing  bad  into  good.  With  a  few  exceptions,  neither  prison 
nor  prisoner  enjoys  a  sympathetic  interest,  when  the  regeneration  of  the 
individual  is  considered.  This  is,  perhaps,  due  to  a  lack  of  thought  upon 
this  grave  point.  Fear  of  escape  is  exaggerated ;  the  southern  imagina- 
tion paints  for- itself  the  criminal  under  an  inhuman  aspect,  and  thinks 
only  of  either  suppressing  him  or  being  secure  from  him.  This  attitude 
will  arouse  in  the  Greek  public  mind  the  greatest  opposition  against  the 
beneficial  regime  of  the  work  of  prisoners  in  the  open  air. 

On  the  other  hand,  if  this  regime  were  well  applied  in  Greece,  it  would 
procure  for  it,  more  than  anywhere  else,  inestimable  benefits.  The  crimi- 
nals would  not  be  the  only  ones  benefited,  but  the  state,  and  society  as  well. 

1.  The  state  would  find  in  the  relatively  inexpensive  manual  labor  of 
prisoners,  something  with  which  to  face  financial  embarrassments ;  also 
in   the   reorganization  of  penitentiaries   tne   convicts   could  be  of  great 
assistance  in  improving  prison  conditions ;  and  could  render  national  serv- 
ice in   executing  the   most  difficult  public   improvements,   such   as   the 
clearing  and  draining  of  lands,  the  correction  of  water  courses  and  rivers, 
the  opening  of  roads,  the  conveying  of  water  from  Lake  Stymphale,  or 
from  the  river  Melos,  and  the  construction  of  new  penitentiaries  with 
hospital  annexes. 

2.  Society  would  be  benefited  through  the  general  improvement  in 
hygienic  conditions ;  for  the  well-organized  regime  of  open-air  work  for 
the  detained  is  called  upon  to  render  more  than  one  important  service. 
The  progress  of  tuberculosis  and  other  pulmonary  diseases  is  noticeable 
among  both  city  and  country  populations.     The   Hellenes,  these  noble 
representatives  of  one  of  the  oldest  and  most  admirable  races,  these  sons 
of  Pallas,  every  child  of  whom,  though  the  most  miserable  and  the  most 
wretched,  yet  has  a  noble  desire  for  instruction,  are  unfortunately  not 
very  numerous.     When  one  considers  the  fact  that  in  free  Greece  they 
number  only  about  2,400,000,  one  feels  genuine  anguish  at  the  thought  of 
the  ravages  which  this  scourge  produces. 

127 


The  two  great  factors  contributing  to  tuberculosis  in  all  its  forms  are 
filth  and  the  lack  of  nourishing  and  healthful  food;  others  are  damp 
streets  and  dwellings,  the  latter  badly  aired;  lack  of  a  system  of  canals 
and  of  bathing  establishments  within  the  reach  of  the  purse  of  the  poor ; 
the  absence  of  a  habit  of  constant  watchfulness  over  the  needs  of  the  body. 
As  a  consequence  of  these  bad  conditions,  the  individuals,  if  the  organ- 
ism is  not  strong,  are  weakened  and  easily  become  the  victims  of 
contagion.  Now  nowhere  do  these  deplorable  conditions  obtain  to  s11^ 
an  extreme  as  in  the  primitive  prisons  of  Greece,  and  in  the  families  oj 
prisoners,  deprived  of  their  natural  support.  But  this  is  not  all ;  when  the 
term  of  imprisonment  has  expired,  the  prisoner  who  has  lost  his  he  Hh 
in  the  dark  caves,  infected  with  nauseating  odors  that  proceed  frc  • 
the  sewers  in  such  prisons  as  the  Rhion,  Ithaca,  the  Pylos,  the  Chalcis  01 
Miltiades,  St.  Andrew  at  Palamede,  and  the  Palaio-Stratones  in  the  very 
center  of  Athens,  returns  to  his  family,  demoralized  by  an  inhuman 
seclusion,  not  capable  of  work,  ready  to  impart  the  disease  of  tuberculo- 
sis. According  to  the  statistics  of  Dr.  Manoussis,  10  per  cent,  of  the 
convicts  suffer  from  it.  Think  of  the  danger  to  sentinels  and  prison 
employees!  Truly  the  entire  population  is  threatened  with  this  terrible 
evil,  which  extends  its  ramifications  even  through  the  generations  to 
come. 

Since  the  embarrassment  of  Hellenic  finances,  and  the  insufficiency  of 
bequests  (excepting  the  generous  bequest  of  Dr.  Syngro,  to  the  cen- 
tral prison,  amounting  to  1,500,000  drachmas)  leave  us  uncertain  as 
to  how  near  the  new  penitentiary  era  may  be,  which  would  be  marked  by 
the  establishment  of  open-air  work,  it  becomes  a  part  of  the  public 
duty  to  demand  of  the  state  officials  that  they  assist  in  promoting  effective 
measures  that  would  assure,  at  least  partially,  hygienic  conditions  in  the 
old  prisons. 

The  Hellenic  law  made  labor  in  prisons  an  essential  obligation.  To 
our  great  astonishment,  this  law  is  not  enforced,  except  in  a  very  small 
number  of  prisons  (in  four,  out  of  the  thirty-six  prisons  in  Greece).  On 
the  other  hand,  the  constitution,  dating  from  a  time  when  the  questions 
that  occupy  us  where  only  in  their  infancy,  did  not  foresee  the  necessity 
of  open-air  work.  But  the  forms  of  hard  labor  which  existed,  and  have 
been  abolished  by  a  decree  of  Parliament,  well  arranged  and  well  under- 
stood, contained  in  the  germ  the  idea  and  the  sanction  of  open-air  work. 

128 


Let  us  add  that  recently,  this  work-regime,  outside  the  precincts  of 
prisons  has  been  quietly  applied,  and  with  evident  success — a  happy  ante- 
cedent which  facilitates  the  regular  introduction  of  this  duty  and  of  this 
benefit  both  to  prisoners  and  to  society. 

II 

The  first  beginning  of  the  employment  of  Greek  prisoners  at  work  in 
the  open  air  was  due  to  Her  Majesty,  Queen  Olga,  whose  generous  soul 

ches  for  all  that  can  mitigate  the  conditions  of  the  unfortunate.  Mr. 
N.  Snylliopoulos,  ex-director  of  the  Syngro  prisons,  and  now  director  of 
the  Averoff  prison,  has  found  a  way  of  successfully  applying  a  system  of 
c  outside  the  precincts  of  the  penitentiary.  We  cannot  congratulate 
vim  ei  ough  upon  that.  I  owe  it  to  the  very  detailed  notes  which  he 
kindly  furnished  me,  that  I  am  able  to  draw  a  concise  picture  of  the 
organization  of  the  four  best  penitentiary  establishments  of  Greece.  On 
the  basis  of  the  principle  of  compulsory  work,  which  is  here  applied,  while 
it  is  not  effective  in  the  remaining  Hellenic  prisons,  it  is  clear  that  it 
would  be  easy  gradually  to  extend  this  principle,  and  bring  about  in 
Greece  the  same  humanitarian,  regenerating,  and  economical  results  that 
have  been  obtained  through  the  open-air  work  at  Witzwil  (Berne),  in 
Prussia,  at  Graz,  and  in  Siberia  during  the  construction  of  the  Siberian 
railway.  I  do  not  mention  America1  and  Hungary  for  the  sole  reason 
that  the  prisoners  there  are  often  hired  to  private  contractors.  Now,  as 
Professor  Simeon  Baldwin  so  justly  says:  "The  convict  must  not  be 
employed  at  open-air  work  except  by  the  government — the  fact  is 
undeniable." 

Following  is  a.  brief  sketch  of  the  four  best  penitentiaries  of  Greece: 

I.    THE  PRISON  AT  CORFU 

At  the  time  of  the  cession  of  the  Ionic  Islands  to  the  Greek  govern- 
ment by  the  English  government,  the  prison  of  Corfu  was  completely 
organized,  and  continued  to  do  well  after  the  annexation.  Several 
industries  are  carried  on.  Horticulture  produces  some  revenue  for  the 
state.  Though  there  is  not  in  Greece  a  special  law  authorizing  work 
outside  the  precincts  of  prisons,  it  happens  that,  either  tacitly  or  by  minis- 
terial order,  the  prisoners  are  taken  out  into  the  neighborhood  in  order 
to  carry  on  necessary  works.  At  Corfu  some  prisoners  manufacture  tiles 

*Not  now   general. — C.   R.   H. 

129 


outside  prison  limits,  while  others  are  sent  quite  a  long  distance  in  order 
to  cut  fuel  for  cooking.  Among  these  are  the  quiet  prisoners,  and  those 
who  have  served  the  greater  part  of  their  sentence. 

It  is  only  a  question,  therefore,,  of  widening  the  field  of  action  in  order 
to  undertake  agricultural  work;  and  then,  thanks  to  the  fertility  of  the 
island,  through  intelligence  and  zeal,  land  culture  would  return  the  most 
signal  benefits.  A  model  penitentiary  farm  could  be  used  for  two  pur- 
poses :  ( I )  for  the  lucrative  production  of  oils,  wines,  and  raisins,  which 
enjoyed  a  high  reputation  after  the  Venetian  domination,  but  now  do  not 
produce  a  third  of  what  they  once  did ;  (2)  for  a  perfect  sanitary  station, 
for  the  prisoners  in  poor  health,  and  those  threatened  with  tuberculosis. 

The  prison  of  Corfu  is  regulated  by  the  decree  of  1836,  which  intro- 
duced the  Auburn  system.  Besides  the  -  director,  who  has  immediate 
oversight,  there  is  a  board  of  directors,  composed  of  the  president,  the 
attorney  of  the  lower  court,  and  the  prefect.  This  committee  watches 
over  the  prison  and  decides  the  various  questions  that  present  themselves. 
The  minister  of  justice,  who  has  the  general  direction  of  all  the  prisons 
of  the  state,  decides  in  the  last  resort.  It  depends  then  upon  the  deputies 
of  Corfu  to  interest  the  board  of  directors  to  such  an  extent  that  the 
open-air  work  outside  the  prison  should  be  regularly  resorted  to  instead 
of  being  casual ;  while  in  turn,  the  board  could  present  to  Parliament  the 
question  of  a  penitentiary  model  farm  that  would  foster  vine  culture  and 
other  agricultural  works  on  the  island. 

II.    THE   SYNGRO    PRISON 

This  prison,  named  after  its  benefactor  (who  bequeathed  1,500,000 
drachmas  for  the  construction,  not  yet  begun,  of  a  central  model  prison), 
and  built  at  his  expense,  was  the  first  Greek  penitentiary  organized  after 
a  European  system  in  so  far  as  building  is  concerned.  Mr.  N.  Spyllio- 
poulos  was  its  organizer  and  first  director;  he  gave  me  the  following 
details :  Since  the  first  year,  241  prisoners  were  taught  various  branches 
of  labor  which  produced  a  profit  of  19,942  drachmas,  16  leptas,  divided 
as  follows :  9,987  dr.  77  leptas  for  the  prisoners ;  the  same  amount,  less 
a  few  francs,  for  the  state.  The  trades  taught  are  the  following:  shoe- 
making,  47  workers ;  cutting,  42 ;  carpentry,  45 ;  making  Venetian  lan- 
terns, 49;  brush-making,  12;  agriculture,  8;  while  38  prisoners  were 
employed  at  domestic  work  and  at  cleaning.  Though  the  prisoners  used 

130 


hammers  and  knives  for  work  on  leather  and  other  articles,  not  only  did 
no  mishap  occur,  but  it  was  rarely  the  case  that  the  rules  were  violated. 
The  workers  showed  themselves  very  obedient.  The  entire  number 
(241  prisoners)  were  condemned  to  heavy  penalties.  Forty-four  were 
sentenced  to  perpetual  hard  labor;  of  these  thirty  were  originally  sen- 
tenced to  decapitation  but  the  penalty  had  been  commuted.  This  proves 
that  though  crimes,  especially  attempts  against  life,  are  very  numerous 
the  perpetrators  of  these  crimes  are  not  criminals  by  nature,  but  by 
occasion.  In  Greece,  one  cannot  attribute  crime  to  perversion  except  in 
rare  cases ;  generally  it  is  due  to  the  irritable  character  of  the  southern 
nations  or  to  the  non-application  of  the  law  against  carrying  arms;  on 
account  of  Turkish  domination,  nearly  everyone,  especially  those  who 
live  on  the  frontiers,  is  accustomed  to  being  armed.  Soon  after  com- 
mitting the  crime  the  assassin  repents  sincerely,  works  quietly,  and  fre- 
quently offers  proofs  of  his  mildness  and  his  devotion  to  his  superiors. 
It  is  a  characteristic  of  the  Greek  proletarian  that  after  having  suffered  his 
penalty  he  returns  to  society  to  pass  the  remainder  of  his  life  honestly. 
"The  habitual  criminals  are  rare  in  Greece,  compared  to  the  rest  of 
Europe."  If  anyone  supposes  that  in  respect  to  Greece  Mr.  Spylliopoulos 
is  drawing  on  his  imagination  as  to  his  compatriots,  I  am  here  to  testify 
that  he  utters  only  the  strict  truth.  The  type  of  assassin  with  a 
depressed  head  or  depraved  expression  is  almost  undiscoverable  in 
Hellenic  prisons.  This  being  established,  it  becomes  a  duty,  incumbent 
upon  both  justice  and  society,  to  watch  over  the  preservation  of  health, 
and  the  moral  regeneration  of  the  prisoner.  Let  us,  for  instance,  in  con- 
nection with  workshops,  introduce  agricultural  labor  into  the  Syngro 
prison,  where,  out  of  241  prisoners,  8  only  were  so  employed  in  1897. 
Instead  of  pale  and  emaciated  men  we  should  see  companies  full  of  action 
and  energy  working  for  the  welfare  of  the  public.  The  report  of  Mr. 
Jules  Kiraly  is  very  instructive  as  to  the  indoor  work  in  crowded  prisons. 
He  gives  frightful  figures  of  mortality.  The  resort  to  open-air  work 
relieves  the  crowded  condition  of  the  workshops,  thus  letting  more 
respirable  air  into  the  interior  of  the  penitentiary,  while  at  the  same  time 
the  lungs  of  the  agriculturist  convict  are  abundantly  filled  with  oxygen. 
The  Syngro  prison  is  situated  on  the  outskirts  of  Athens,  and  not  far 
from  it  extend  marshy  lands  and  uncultivated  hills  that  belong  to  the 
state.  The  prisoners  would  have  to  walk  only  a  little  distance,  avoiding 


the  city,  in  order  to  reach  these  marshes,  at  the  foot  of  the  elevation  of 
Hymettus.  The  drainage  of  these  lands  would  assure  a  fall  in  the 
mortality  of  the  city,  and  to  the  state  magnificent  fields  suitable  for  gar- 
dens near  the  capital.  On  the  other  side,  behind  Athens,  the  bushes 
of  the  hills  surrounding  Lycabettus  could  be  replaced  by  vineyards,  or  the 
ground  could  be  used  for  general  agricultural  purposes.  The  bed  of  the 
Ilissus,  nearly  always  dried,  presents  an  open  sewer,  full  of  filth.  Sup- 
pose the  outskirts  of  Athens  should  extend  in  some  places  as  far  as  its 
banks ;  it  is  not  difficult  to  imagine  the  resulting  infection.  To  clean  these 
Augean  stables  would  be  the  greatest  benefit  to  society.  Thus  the 
prisoner,  through  service  of  public  usefulness,  would  wipe  out  his  moral 
debt,  and  receive  forgiveness  from  those  who  fear  him  and  condemn  him 
without  mercy,  not  knowing  him  nor  the  fruit  of  his  reformation. 

III.    CENTRAL   PRISON   FOR   WOMEN 

A  suitable  prison  for  women  was  lacking  in  Greece.  The  govern- 
ment formerly  rented,  in  rural  districts,  premises  for  housing  both  accused 
and  sentenced,  but  matters  were  not  well  regulated  in  these  houses.  Her 
Majesty,  Queen  Olga,  made  a  donation  sufficient  to  erect  in  Athens  a 
very  beautiful  central  establishment.  This  penitentiary  enforces  the  rule 
of  isolating  the  prisoners  during  the  night,  and  of  working  them  in 
common  during  the  day.  Every  female  prisoner  sentenced  to  no  less  than 
six  months  in  prison,  and  the  women  sentenced  by  the  tribunals  of  Athens, 
are  conveyed  here  from  the  interior.  The  prisoners  are  now  74  in  num- 
ber. In  all  Greece,  the  number  of  female  offenders  does  not  exceed  130. 
The  immense  difference  between  the  penitentiary  statistics  of  the  two 
sexes  proceeds  from  the  fact  that  drunkenness  is  an  unknown  vice  among 
Greek  women.  The  prison  is  organized  according  to  the  Auburn  system. 
There  is  a  "directress,"  a  head  female  guard,  four  female  guards,  and 
three  women  for  industrial  instruction.  Textile  workshops  were  installed ; 
also  those  for  lace-making,  sewing,  and  washing  and  ironing.  The  only 
condition  of  welfare  which  is  lacking  to  these  prisoners  is  the  open-air 
work.  The  women  of  the  cities  of  Greece  are  rarely  accustomed  to  going 
out,  especially  those  belonging  to  the  middle  classes.  But  the  women  of 
the  villages  are,  on  the  contrary,  used  to  an  outdoor  life,  hence  seclusion 
must  have  a  weakening  effect  upon  them.  It  would  be  easy  to  employ 
them  at  gardening  or  fruit  culture.  Flower  culture  would  prove  profit- 

132 


able,  the  shops  of  Athens  being  always  quite  poorly  supplied.  I  believe  that 
a  piece  of  land  could  be  ceded  by  the  state  to  the  model  prison,  a  prison 
which  is  an  honor  to  Greece,  and  cost  it  nothing.  Not  far  from  the 
penitentiary  there  are  uncultivated  lands  belonging  to  the  government, 
which  could  be  made  to  serve  this  purpose.  A  piece  could  be  cleared 
out  and  surrounded  by  walls  by  the  labor  of  the  prisoners  of  the  Syngro 
prison,  after  which  the  women  of  the  central  prison,  accustomed  to  agri- 
culture, could  continue  the  cultivation,  under  their  female  guards  having 
dogs  trained  for  this  purpose.  Soldiers  should  be  stationed  outside  the 
walls  as  sentries ;  and  the  women  could  wear  masks  to  avoid  the  curious 
gaze  of  onlookers. 

IV.    AVEROFF  PRISON 

This  establishment  was  erected  at  the  expense  of  the  Greek  philanthro- 
pist, George  Averoff.  It  is  designed  for  young  men  who  commit  a  mis- 
demeanor or  crime,  between  the  ages  of  14  and  18  years.  They  are 
brought  to  it  from  all  parts  of  the  kingdom,  if  the  sentence  exceeds  one 
month.  Those  sentenced  by  the  tribunals  of  Athens,  18  to  21  years  of 
age,  undergo  their  penalty  at  this  prison  if  the  term  for  which  they  are 
committed  does  not  exceed  three  years.  After  young  criminals  have 
reached  the  age  of  19,  they  are  taken  to  special  quarters.  This  was  not 
possible  in  the  original  building;  they  were  subjected  to  being  crowded 
in  such  terrible  holes  of  idleness  and  infection  as  those  of  which  I  have 
already  spoken.  Her  Majesty,  Queen  Olga,  touched  by  these  unnatural 
conditions,  erected  at  her  own  expense,  in  the  inclosure  of  the  Averoff 
prison,  an  annex  building,  which  can  accommodate  105  prisoners.  This 
building  is  constructed  in  such  a  manner  as  to  satisfy  the  requirements 
of  isolation  at  night  and  work  in  common  during  the  day.  The  opera- 
tion of  the  Averoff  prison  dates  from  1897.  This  establishment  is  under 
special  regulations.  In  addition  to  the  superintendent,  there  is  a  board 
of  directors,  composed  of  the  attorney,  the  vice-president  of  the  Court  of 
Cassation,  the  attorney  of  the  Court  of  Appeal,  the  general  secretary  of 
the  minister  of  justice,  the  prefect,  and  a  representative  of  Her  Majesty, 
Queen  Olga.  In  addition,  a  commission  of  patronesses  gives  attention 
to  prison  interests,  in  Her  Majesty's  name.  This  commission  keeps  her 
informed  in  respect  to  conditions,  and  proposes  measures  for  the  improve- 
ment of  the  establishment,  for  the  installation  and  development  of  new 


industries,  and  for  the  protection  of  the  prisoners.  No  measure  is  taken 
up  by  the  ministry  of  justice  until  the  board  of  directors,  presided  over 
by  the  attorney  of  the  Court  of  Cassation,  has  submitted  a  proposition. 
In  1898,  upon  the  request  of  the  board  of  directors,  the  government  con- 
fided the  establishment  to  Mr.  N.  Spylliopoulos,  who  was  selected  for  the 
position  because  of  his  ability,  his  energy,  and  his  special  studies,  carried 
on  for  three  years  in  the  prisons  of  England,  France,  and  Germany.  His 
knowledge  was  thus  practical  as  well  as  theoretical.  Though  the  arrange- 
ment of  the  buildings  was  defective  and  presented  some  serious  obstacles 
during  the  first  four  years,  thanks  to  the  experience  and  zeal  of  Mr. 
Spylliopoulos,  the  establishment  is  now  in  admirable  condition,  according 
to  reports  by  Greek  and  foreign  visitors.  The  German  minister,  Mr.  V. 
Plessen,  who  visited  it  repeatedly,  studied  its  organization,  examined  its 
workshops,  its  schools  and  its  chapels,  congratulated  the  superintendent, 
and  expressed  his  astonishment  at  having  found  in  Greece  a  prison  work- 
ing so  well  that  he  thought  he  was  inspecting  a  German  penitentiary. 
Following  is  a  summary  of  the  rules  of  the  management  of  the  Averoff 
prison : 

As  soon  as  the  convicted  man  enters  the  prison,  he  is  registered, 
shaved,  washed,  clothed  with  the  penitentiary  uniform,  and,  after  the 
doctor's  visit,  is  placed  in  his  cell.  The  rules  concerning  his  duties  are 
read  to  him  and  he  then  remains  confined  in  his  cell  for  five  days.  Dur- 
ing this  time  he  receives  visits  from  the  director,  doctor,  and  chaplain. 
Each  of  these  notes  his  observations  as  to  his  characteristics,  his  mental 
and  physical  condition,  his  antecedents,  and  inclinations,  and  the  extent  of 
the  prisoner's  instruction.  The  five  days  being  past,  the  prisoner  takes  his 
place  in  the  school  and  workshop.  The  young  men  are  up  ten  minutes 
before  sunrise ;  half  an  hour  is  given  them  for  making  their  beds,  clean- 
ing their  cells,  and  performing  ablutions.  After  that  they  stand  in  line, 
in  brigades  of  30  men  each.  They  enter  the  church  and  say  their  morn- 
ing prayers.  Singing  a  hymn,  they  enter  the  yard  where  they  walk  from 
half  an  hour  to  an  hour,  following  closely,  one  behind  the  other,  at  a  dis- 
tance of  two  or  three  meters,  and  not  uttering  a  word,  as  in  the  prison  of 
Pentonville,  at  London.  They  then  pass  to  the  dining-room,  engage  in 
prayer,  and  take  breakfast.  After  a  quarter  of  an  hour  they  go  to  the 
workshops,  and  work  until  noon.  Once  more  they  wash,  stand  in  line, 
and  by  brigades  enter  the  dining-room,  dine,  pray  together,  leave,  rest 


for  an  hour,  resume  their  work  which  is  continued  until  five  o'clock, 
according  to  the  season  of  the  year.  After  finishing  work,  they  are  again 
required  to  wash,  they  then  rest  in  the  yard  for  an  hour,  enter  the  dining- 
room,  whence,  after  the  meal,  they  pass  to  the  school,  where  they  follow 
an  elementary  course  of  study  and  are  given  lessons  in  singing.  These 
occupations  ended,  the  evening  prayer  is  said,  and  closely,  one  behind 
the  other,  they  return  to  their  cells.  After  a  quarter  of  an  hour  the  bell 
rings  for  retiring.  From  that  moment  the  most  complete  silence  reigns 
everywhere.  In  the  morning,  two  or  three  times  a  week,  gymnastics  are 
substituted  for  walking.  On  Sundays  and  other  holidays  religious  duties, 
religious  instruction,  reading,  school,  walking  and  gymnastics  replace  the 
regular  work.  Smoking  is  forbidden.  The  following  industries  have 
been  introduced  in  the  workshops :  shoemaking,  sewing,  carpentry,  brush- 
making,  forging,  the  molding  of  spoons,  forks,  etc.,  in  bronze  and 
other  metals.  Work  in  textiles,  instruction  in  which  is  due  to  the  efforts 
of  Her  Majesty,  furnishes  occupation  for  a  considerable  number  of  the 
prisoners.  The  financial  returns  from  this  industry  are  such  as  to  assure 
the  development  of  new  industries  in  the  prison.  Cloth  is  manufactured 
for  use  in  the  penitentiary,  for  making  sails,  and  for  the  market.  Garden- 
ing is  not  neglected,  while  the  shoe  shop  supplies  shoes  for  both  army 
and  navy. 

Now  we  come  to  the  principal  point.  From  this  detailed  account  of 
the  system  in  force  in  the  Averoff  prison  it  is  easy  to  see  in  it  the  model 
prison  of  Greece.  Nothing  is  wanting  except  the  inauguration  of  open- 
air  work  for  the  prisoners.  And  here  let  us  see  under  what  circum- 
stances this  was  rt  least  put  in  practice  if  not  theoretically  provided  for, 
for  the  first  time  in  Greece.  This  fact  is  of  extreme  importance ;  it 
awakens  the  hope,  and  shows  the  legal  possibility,  of  introducing  this 
salutary  innovation,  and  of  applying  it  extensively,  in  order  to  save  the 
rest  of  the  Greek  prisoners  from  tuberculosis  and  other  diseases. 

Another  direction  in  which  the  labor  of  the  Averoff  prisoners  was  utilized 
[Mr.  Spylliopoulos  writes  me]  was  the  construction  of  central  prisons  for  women, 
erected  at  the  expense  of  Her  Majesty,  Queen  Olga,  and  the  construction  of  the 
Averoff  annex  for  inmates  who  have  attained  the  age  of  nineteen.  It  was  also 
Her  Majesty  who  provided  funds  for  this.  Thirty  prisoners  worked  on  the  erection 
of  the  prison  for  women.  Each  wore  a  ring  around  his  ankle,  attached  to  which 
was  a  chain,  connected  with  his  belt,  the  whole  weighing  1,600  grams.  This  did 

135 


not  offer  any  obstacle  to  the  work,  but  it  impeded  rapid  walking  and  flight.  The 
thirty  prisoners  worked  in  the  country,  and  were  guarded  by  a  watchman  and 
three  soldiers,  who  stood  at  a  distance  of  100  meters  from  the  convicts.  From 
forty  to  fifty  prisoners  aided  in  the  erection  of  the  Averoff  annex.  The  person 
appointed  by  Her  Majesty  to  oversee  this  work  assures  me  that  the  task  of  the 
prisoners  was  as  carefully  done,  and  the  result  as  great  as  would  have  been  those 
of  free  workers  who  receive  from  three  to  four  francs  a  day.  The  pay  of  the 
prisoners  was  only  one  drachma,  of  which  half  goes  to  the  state  and  only  50  leptas 
(10  cents)  are  paid  to  the  prisoner.  Her  Majesty  added  from  her  own  purse  20 
leptas  (4  cents)  for  each  prisoner,  to  add  to  the  food  furnished  by  the  state.  All 
the  work  of  the  erection  of  the  annex  of  the  Averoff  prison  was  accom- 
plished by  the  prisoners,  under  the  guidance  of  a  master  carpenter,  a  smith,  and 
twelve  masons.  This  is  one  of  the  most  interesting  examples  of  economical  build- 
ing. This  building,  the  material  of  which  is  good  and  the  workmanship  substantial, 
cost  only  105,000  drachmas.  If  the  state  should  ever  think  of  undertaking  great 
works  of  public  usefulness,  or  the  erection  of  a  model  central  prison,  it  should 
recall  the  result  of  the  first  attempt  at  having  prisoners  work  in  the  open  air — an 
attempt  which  was  crowned  with  a  brilliant  success,  and  which  entailed  not  a 
single  escape. 

Ill 

In  examining  the  operation  of  the  four  best  prisons  of  Greece,  the 
conclusion  is  forced  upon  us  that  open-air  work  could  be  authorized  for 
the  inmates  of  all  the  penitentiaries  of  Greece,  and  the  introduction  of 
the  system  should  not  suffer  any  delay.  The  question  of  chains  will  per- 
haps be  a  live  subject  of  discussion  in  Greece ;  some  citizens  see  in  them 
an  insult  to  liberty.  "No  Greek,"  say  they,  "must  carry  the  chain;  not 
even  the  criminal ;  decapitation  is  preferable."  I  think  I  am  able  to  declare 
that  this  phrase  is  an  euphemism  from  the  fact  that  now  there  are  a 
thousand  prisoners  asking  to  wear  chains  two  or  three  times  heavier 
(1,000  grams  is  the  usual  weight),  on  condition  that  they  be  allowed  to 
go  out  and  work  in  the  country.  The  prisoner  who  has  served  three- 
fourths  of  his  sentence  desires  the  chain,  so  that  he  will  not  be  tempted 
to  try  to  escape.  The  law  does  not  authorize  gangs  of  enchained  prison- 
ers to  go  out  to  work  in  the  country.  But  that  was  practiced  in  the 
Averoff  and  Syngro  prisons,  with  the  consent  of  the  prisoners  them- 
selves. As  chains  are  not  provided  by  law  (except  for  those  sentenced  to 
hard  labor,  which  is  tacitly  falling  into  disuse),  the  superintendent  of  the 
prison,  in  co-operation  with  the  armed  guard,  can  omit  the  chains,  if  he 

136 


thinks  there  is  no  danger  of  escape.  It  is  right  to  consult  the  self-respect 
of  the  prisoner,  but  gentle  intentions  must  not  be  allowed  to  override  the 
brutality  of  facts.  The  shame  caused  by  wearing  a  chain  is  exaggerated, 
when  compared  with  the  crime  of  leaving  an  inmate  to  become  infected 
with  tuberculosis,  in  caves  oozing  humidity,  in  such  prisons  as  the 
Miltiades,  or  the  St.  Andrew  of  Nauplie.  Among  the  inmates  there,  I 
found  some  nearly  blind,  others  suffering  with  their  eyes.  What  kind 
of  air  have  these  inmates  breathed  for  the  last  twenty  years  ?  What  kind 
of  light  have  they  seen?  This  den  is  surrounded  by  enormous  walls, 
leaving  but  a  narrow  strip  of  sky  to  be  seen.  It  is  the  yard  of  the  prison, 
the  only  place  for  walking,  and  recreation !  There  asphyxiation  comes  on 
more  slowly.  At  night  it  is  more  rapid,  for  37  individuals  are  thrown  in 
confusion  in  a  cavern  without  a  single  window.  I  shall  ever  remember 
the  expression  of  a  group  of  men,  apparently  still  young,  herded  together 
by  an  old  buttress,  used  as  a  precinct  wall,  by  the  prison  of  St.  Andrew. 
It  was  being  repaired,  and  they  stood  looking  out  to  the  country  from 
afar — in  order  to  breathe  the  air  of  the  fields,  in  order  to  catch  again 
the  thread  of  normal  life  among  the  furrows  of  the  plough.  These  poor 
men  would  have  worn  with  joy  the  ball  of  the  galley  slave — to  say 
nothing  of  the  light  chain  of  regenerative  work,  they  themselves  have 
told  me! 

We  have  seen,  on  the  other  hand,  that  the  Greek  criminal  is  rarely  an 
assassin  by  birth ;  that  the  habitual  criminal  is  very  rare.  Three-fourths 
of  the  inmates  are  either  herdsmen,  or  tillers  of  the  soil.  Mr.  Spylliopou- 
los,  whose  experience  in  this  matter  cannot  be  questioned,  writes :  "Our 
prisoners  are  mild,  easy  to  manage  and  obedient  when  well  directed." 
The  state  can  perfectly  well  employ  the  criminals  sentenced  to  the  heaviest 
penalties,  to  carry  on  agricultural  or  building  operations.  They  can  be 
put  to  work  without  considering  the  great  expense  of  watching  them, 
which  will  be  amply  covered  by  profits  accruing  to  the  state.  The  gov- 
ernment pays  the  prison  workers  50  leptas,  instead  of  three  or  four 
drachmas,  the  usual  daily  wage  paid  to  the  free  laborer.  What  better 
conditions  could  one  find  for  introducing  the  system  of  open-air  work 
for  prisoners? 

As  to  the  field  of  work,  not  only  is  it  not  lacking,  but  it  is  perhaps  the 
largest  in  Europe.  In  Greece,  agriculture  has  been  sacrificed  too  much 
to  commerce,  and  to  urban  activities.  In  vain  did  Capo  of  Istria  attempt 


to  interest  the  Greeks  in  land  culture.  The  blade  was  dried  up  by  the 
hand  of  Demeter.  The  agricultural  establishments,  begun  by  the  first 
president  of  independent  Greece,  did  not  work  well.  But  a  return  to  the 
country  is  now  beginning  once  more ;  and  the  state  will  gain  thereby. 
Penitentiary  farms  would  encourage  this  movement.  A  part  of  Elis  and 
the  whole  of  Thessalia  must  be  cleared  and  rendered  healthful  before 
being  cultivated.  The  course  of  the  Peneus  presents  on  a  large  scale  what 
is  needed  for  improving  other  rivers  of  simular  importance.  Several 
marshes  must  be  drained.  Generally  soldiers  are  sent  out  to  erect  tele- 
graph poles  and  open  roads ;  these  same  soldiers,  reduced  in  numbers, 
could  guard  the  public  works  executed  by  the  prisoners.  Even  the 
capital  itseff,  beautiful  and  poetic  Athens,  needs  a  supply  of  water  either 
from  Lake  Stymphale  or  the  river  Milos.  The  state  cannot  provide  the 
required  sum  for  the  work,  but  laborers  are  ready  and  willing  to  regain 
public  esteem,  and  accept  a  modest  wage,  in  order  to  obtain  necessary 
clothing.  The  climate  of  Greece  is  favorable  to  the  cultivation  of  medical 
herbs  and  spices.  Roses,  whose  oil  is  in  great  demand,  need  only  to  be 
opened.  Bee  and  fish  culture  are  almost  unknown  to  the  Greeks.  There 
are  many  useful  and  lucrative  occupations  that  can  be  introduced  into  the 
penitentiaries.  Hands  are  not  wanting,  for  the  prisoners  are  many.  Out 
of  an  aggregate  of  six  thousand,  five  thousand  at  least  are  absolutely  idle. 
The  following  statistics  show  eloquently  that  these  prisoners  are  of  the 
category  of  those  who  would  be  employed  in  America  or  Europe  in  agri- 
cultural or  public  works  throughout  their  long  sentences. 

In  each  of  the  provinces,  where  there  is  a  primary  tribunal,  there  exists  a 
house  of  correction,  divided  in  two  parts,  of  which  one  is  for  the  accused,  and 
the  other  for  those  who  are  sentenced.  In  these  prisons,  those  sentenced  to  less 
than  three  years  of  prison  life  undergo  their  penalty.  Those  sentenced  to  more 
than  three  years,  or  those  sentenced  to  solitary  confinement,  or  hard  labor,  or 
those  sentenced  for  from  five  to  ten  years,  or  from  ten  to  twenty  years,  or  for  life, 
serve  their  sentence  in  penal  prisons  or  in  penitentiaries ;  these  two  prison  systems 
differ  only  in  regulations.  There  are  in  the  whole  kingdom,  21  correctional  prisons, 
7  penal  prisons,  and  6  penitentiaries.  On  December  I,  1904,  5,750  prisoners,  accused 
or  sentenced,  were  behind  the  bars.  They  were  classified  thus:  413  for  life; 
1,368  temporarily  (from  10  to  20  years)  ;  1,509  to  close  confinement  (5  to  10  years)  ; 
933  to  ordinary  imprisonment  (2  to  5  years),  and  1,527  for  less  than  two  years 
Of  those  sentenced  for  life,  152  were  originally  sentenced  to  be  decapitated  but 

138 


had  obtained  a  commutation    of  sentence.     At  the  same  time  there  are  now  eleven 
sentenced  to  die,  whose  cases  are  before  the  Court  of  Cassation. 

Let  us  add  that  an  institution  long  forgotten  in  older  European 
countries  is  still  in  existence  in  Greece ;  I  refer  to  the  debtors'  prison.  The 
prisoner  who  cannot  pay  the  expenses  of  his  suit  and  support  in  prison, 
at  the  expiration  of  sentence,  passes  one  or  more  years  in  the  prison 
for  debtors.  This  time  he  is  punished  for  being  poor,  but  the  punishment 
is  a  loss  to  the  state !  What  a  cruel  anomaly,  when  the  prisoner,  reformed 
by  the  educative  influence  of  the  Averoff  prison,  is  shut  up  with  vaga- 
bonds after  his  regeneration !  For  the  sum  of  twenty-five  or  fifty  francs 
due  the  state  he  is  incarcerated  a  whole  year ;  at  the  end  of  which  period 
the  prison  has  had  enough  of  him  and  he  is  released,  whether  he  pay  his 
debt  or  not.  I  have  often  seen  these  poor  folk,  walled  inside  pestilential 
premises;  they  lower  a  small  basket  attached  to  a  string  through  a 
barred  window  and  in  this  the  pitying  passers-by  deposit  their  offering. 
How  can  the  prisoner  in  debt,  inclosed  and  without  work,  hope  to  reim- 
burse the  state?  We  have  already  said  that  the  law  of  compulsory  labor 
exists  for  all  prisoners.  But  in  thirty-two  prisons  of  Greece,  out  of  the 
thirty-six,  implements,  workshops,  light  and  places  for  benches  do  not 
exist !  So  long  as  a  central  prison  of  a  new  type  is  lacking,  I  see  only 
one  remedy  for  so  many  ills  and  disorders:  open-air  work  that  aids  both 
the  prisoner  and  the  state. 

IV 

The  open-air  work,  the  means  of  benefiting  the  largest  number  of 
prisoners,  should  oe  agricultural  or  horticultural,  since  three-fourths  of 
the  prisoners  have  led  country  lives.  The  best  system  of  supervision, 
since  chains  do  not  trouble  the  worker,  is  that  introduced  during  the 
drainage  of  the  marshes  of  the  "Tre  Fontane,"  near  Rome.  Mr.  Alex. 
Skouzes  gives  its  circumstantial  details  in  his  very  interesting  booklet, 
written  on  the  occasion  of  the  fifth  penitentiary  congress  at  Rome.  Let 
us  hope  that  this  excellent  work  will  be  the  first  good  seed  from  which  to 
reap  in  Greece  a  large  harvest  of  beautiful  results  of  open-air  work.  Mr. 
Spylliopoulos  agrees  in  thinking  that  the  supervision  of  Greek  prisoners 
should  not  differ  from  that  in  operation  in  other  countries  quite  as  uneven 
of  surface,  such  as  Italy,  Switzerland,  and  Austria.  If  agricultural  works 
are  to  be  undertaken  on  a  large  scale,  it  will  be  necessary  to  select  lands 

139 


that  are  level  and  adjoining,  in  order  to  simplify  the  services  of  the  guards. 
A  classification  should  also  be  made  of  the  prisoners,  and  those  of  quiet 
disposition  should  be  chosen,  or  those  who  have  served  the  larger  part 
of  their  sentence. 

It  would  be  absolutely  harmful  and  immoral  in  Greece  to  attempt  to 
follow  the  example  set  by  Hungary,  Austria,  and  America,  in  hiring  out 
prisoners,  whether  at  reduced  price  or  not,  to  private  interests.  This 
system  seems  to  me  very  precarious  in  countries  that  have  attained  the 
highest  degree  of  penitentiary  development.  Such  a  system  would  bring 
about  political  abuses  or  reprisals  in  Greece.  As  to  the  state,  everything 
invites  and  encourages  it  to  profit  by  the  labor  of  the  prisoners.  Let 
both  the  nation  and  the  criminal  himself  be  benefited  by  it!  It  is  only  a 
question  of  regulating  the  profit  the  state  should  enjoy,  and  the  part  the 
prisoner  should  receive.  If  the  pay  is  divided  in  two  parts,  that  due  the 
state  and  that  due  the  prisoner,  it  will  be  necessary  also  to  form  other 
sub-divisions,  in  order  to  create  a  savings  account,  to  be  given  to  the 
prisoner,  at  the  expiration  of  his  penalty.  "They  must  have  constantly 
in  view  the  return  of  the  prisoner  to  an  existence  assured  by  honest 
work/'  writes  M.  Veillier,  director  of  Fresne. 

It  is  also  very  necessary  to  organize  a  fund  to  assist  the  families  of 
prisoners.  To  this  end  a  part  of  the  pay  should  be  retained,  and  every 
quarter  the  prisoner  should  send  the  sum  to  his  family,  by  postal-order, 
in  order  to  avoid  abuses.  The  moral  effect  of  this  regulation  would  be 
certain.  Instead  of  the  desperate  prospect  that,  deprived  of  liberty  and 
work,  he  cannot  help  his  family ;  instead  of  intrusting  them  to  some  cal- 
culating agent  or  indifferently  leaving  them  alone  to  depend  upon  his 
wife  or  mother  for  support,  by  this  arrangement  the  prisoner  is  enabled 
to  watch  over  their  welfare  from  the  very  depths  of  the  prison.  This 
would  be  am  encouragement  to  work  and  a  moral  incentive  to  most  of  the 
prisoners. 

The  government  should  undertake  to  furnish  clothing  and  shoes  to  the 
prisoners ;  these  are  furnished  in  other  countries.  I  have  already  spoken 
of  the  nakedness  of  the  prisoners  at  Nauplie,  Patras,  Trikala,  and  else- 
where. One  would  think,  from  their  aspect  that  the  population  was  a 
"court  of  miracles."  How  could  they  work  in  open  air  half  naked  ? 

In  order  to  introduce  workshops  into  the  thirty-two  idle  prisons  of 
Greece,  and  organize  permanent  open-air  works,  the  state  should  devote 

140 


large  sums  to  the  purpose.  But  the  sums  required  for  obligatory  labor 
and  works  of  public  utility  would  be  quickly  and  more  than  fully  repaid. 
We  see  stock  companies  paying  high  wages  in  Greece,  clearing  enormous 
profits.  A  surplus  would  not  long  be  wanting.  This  capital  should  be 
used  for  founding  new  penitentiaries  and  hospitals  in  connection  with 
prisons ;  it  should  help  to  incre'ase  the  legacy  of  1,500,000  francs,  for  the 
central  establishment.  The  fund  accruing  to  the  penitentiary  organization 
from  the  profit  on  the  inexpensive  labor  of  the  prisoners  should  be 
deposited  in  the  national  bank,  under  the  control  of  a  special  commission. 
It  would  be  a  happy  consummation  if  we  could  see  as  president  of  this  com- 
mission either  Her  Majesty,  Queen  Olga,  or  Her  Highness,  the  royal 
princess.  The  president  of  ministers,  the  ministers  of  the  interior  and 
of  finance  and  of  justice  should  be  members  of  this  commission,  as  well 
as  persons  in  the  country  who  have  occupied  themselves  with  penitentiary 
questions,  and  have  published  some  valuable  work  upon  these  questions. 
This  would  be  the  best  means  of  obtaining  quick  results,  and  would  at  the 
same  time  assure  the  economical  and  profitable  use  of  the  penitentiary 
funds.  But  this  state  of  things  should  not  be  necessary  except  for  a 
limited  time — a  time  of  great  reform.  At  the  end  of  some  years  of  regular 
operation  of  workshop  and  open-air  industries  the  state  would  come  to 
consider  the  penitentiary  as  a  kind  of  fraternity,  existing  and  sustaining 
itself  by  work,  submitting  only  to  the  control  of  the  government.  Is  it 
logical  that  these  establishments  should  be  founded,  sustained,  and 
operated  at  public  cost?  Is  the  honest  citizen  under  obligation  to  enter- 
tain by  his  efforts  (eloquently  represented  by  the  tax  figures)  the  male- 
factor who  is  lodged  and  fed  by  the  state  without  labor  on  his  part? 
After  offending  against  society,  he  then  feeds  on  it,  without  giving  any 
profit  in  return. 

But  if  this  anomaly  is  apparent,  it  is  not  less  important  to  perform 
our  duties  toward  the  criminal  himself.  His  health  is  precious,  for  when 
he  returns  to  society,  after  his  reformation,  it  means  no  less  to  the  human 
race  than  the  life  of  any  free  citizen.  The  prison  is  a  place  of  torture 
and  not  of  moral  education,  when  it  becomes  a  breeding  place  for  microbes ! 
It  is  only  the  healthy  workman  that  can  execute  the  work  confided  to 
him.  It  is  for  this  reason,  that  along  with  the  workshop  we  should  also 
introduce  the  open-air  system. 

With  only  a  few  exceptions  Jwrites  Mr.  Jules  Kiraly]  the  work  of  the  prisoners  in 

141 


the  prison  is  very  harmful  to  health.  This  is  due  to  the  number  of  men  in  the 
workshops,  and  the  lack  of  pure  air.  If  one  considers,  at  present,  that  the  departure 
of  a  number  of  the  indoor  convicts  to  agricultural  industries  improves  the  hygienic 
condition  of  those  remaining  in  the  penitentiary,  then  from  a  sanitary  point  of  view, 
outdoor  labor  constitutes  the  most  precious  factor  in  the  health  of  the  prisoners. 

Here  we  are  then  back  to  our  point  of  departure:  open-air  work  for 
prisoners  constitutes  the  solution  of  the  grave  problem  of  fighting  the 
threatening  progress  of  tuberculosis  in  prisons : 

1.  By  its  hygienic  results. 

2.  By  its  moral  influence  upon  the  prisoner. 

3.  By  the  profits,  which  the  great  works  of  public  utility  would  assure, 
giving  to  the  government  the  means  of  erecting  a  central  prison  of  a  per- 
fect type,  and  of  bettering,  from  all  points  of  view,  the  condition  of  the 
prisoner. 

4.  By  the  possibility  of  erecting  hospitals  in  the  penitentiaries,  and 
also  a  central  hospital,  where  contagious  diseases  can  be  separated  from 
those  that  are  easily  cured. 

5.  Finally  by  the  sanitary  guarantee  which   is  ofTered  by  open-air 
work,  preserving  the  prisoner  outside  the  prison  precincts;  while  at  the 
same  time  those  in  the  workshops  are  benefited  through  the  decrease  in 
numbers   during   the   day.      After   the   prisoner   leaves   the   prison   this 
guarantee  would  be  extended  to  his  home,  his  family,  and  his  neighbors, 
preserving  them  from  a  contagion  which  he  has  escaped. 

It  remains,  then,  after  enumerating  all  these  benefits,  which  are  so 
important  to  the  Greek  nation,  to  wish  with  all  ardor  of  thought  and 
act  that  this  system  be  introduced  immediately  in  all  prisons. 

In  an  early  part  of  this  report,  I  have  cited  the  hemistich  of  Andre 
Chenier  so  applicable  to  the  thirty-two  Greek  prisons  where  idleness  and 
disorder  reign : 

Nothing  is  done  today. 

We  hope  we  may  be  able  to  add  to  it  shortly  the  conclusion  of  the  same 
stanza,  by  this  great  poet,  who  knew  all  the  bitterness  of  prisons : 
All   will   be   done   tomorrow. 


142 


REPORT  OF  THE  VAGRANCY  COMMITTEE 

ADOPTED  BY  THE  COURT  OF  QUARTER  SESSIONS  FOR  THE  PARTS  OF  LINDSEY 
LINCOLNSHIRE,  ENGLAND 

[ABSTRACT  BY  HARVEY  P.  BITTNER] 

Pursuant  to  a  resolution  adopted  at  the  Michaelmas  Quarter  Sessions 
for  the  parts  of  Lindsey,  on  October  23,  1903,  a  committee  was  appointed 
"to  consider  and  report  upon  the  present  methods  of  dealing  with  offenses 
against  the  Vagrancy  Acts,  with  a  view  to  ascertaining  whether  any 
changes  are  necessary,  and  especially,  ( I )  whether  it  is  desirable  that  any 
system  of  labor  colonies  should  be  established  to  which  the  courts  should 
have  power  to  sentence  habitual  offenders,  and,  (2)  whether  any  joint 
action  between  the  magistrate  and  the  boards  of  guardians  throughout  the 
country  is  possible  to  secure  the  establishment  of  such  colonies." 

The  report  of  the  Vagrancy  Committee  ( I )  reviews  the  unsatisfactory 
present  method  of  dealing  with  vagrants,  and  (2)  recommends  as  a  sub- 
stitute for  the  present  system  of  short-term  sentences  for  vagrants  penal 
labor  colonies  to  be  modeled  after  the  Belgian  labor  colonies.  A  detailed 
report  on  the  latter  system  with  particular  respect  to  the  colony  at  Merx- 
plas  made  by  two  members  of  the  committee  is  attached. 

The  present  method  of  short-term  sentences  is  unsatisfactory  because 

1 I )  the  effect  is  neither  deterrent  nor  reformatory  on  the  habitual  vagrant 
(who  in  England  forms  a  very  large  proportion  of  the  vagrant  class)  ; 

(2)  because  no  provision  is  made  for  the  inefficient  employee  without 
work,  who  as  a  result  often  finds  his  way  into  prison,  being  unable  to 
establish  his  bona  fide  character,  and  (3)  because  of  the  immense  cost  of 
the  vagrant  class  to  the  community. 

The  failure  of  the  present  method  as  a  deterrent  or  reformer  is  partly 
due  to  the  changes  in  the  form  of  hard  labor  since  the  hours  of  labor  and 
the  severity  of  work  bear  no  comparison  with  many  kinds  of  free  labor 
outside.  The  law  provides  for  periods  of  long  imprisonment  but  the  com- 
mittee does  not  recommend  this  step,  which,  although  it  would  decrease 
the  number  of  vagrants,  would  cause  a  corresponding  increase  in  the 


criminal  class.  The  cost  alone  should  warrant  a  change,  for  the  vagrants 
produce  nothing,  necessitate  large  additions  to  workhouses,  overload 
prisons,  form  ready  recruits  to  the  criminal  classes,  are  a  nuisance  to  rich 
and  poor,  and  leave  behind  families. 

To  strengthen  their  argument  against  short-term  sentences  prison- 
record  statistics  are  quoted  which  show  that  the  increase  in  the  number 
of  vagrants  has  been  material  and  constant.  The  records  of  two  men 
sentenced  at  Lincoln  are  given  to  further  substantiate  their  assertions. 
The  first  man  began  his  tramp  career  with  a  sentence  of  seven  days  which 
constantly  recurred  (with  increased* vigor,  often),  year  after  year,  until 
the  last  year  cited  he  was  sentenced  three  times  for  a  total  of  nine  months 
and  seven  days.  The  second  man  also  began  with  a  seven-day  sentence 
and  after  ten  years,  in  1902,  three  sentences  kept  him  confined  in  differ- 
ent prisons  for  three  hundred  and  sixty  days.  In  1903  on  a  charge  of 
felony  he  was  given  twelve  months.  The  average  traveling  expenses  of 
the  two  prisoners  and  escorts,  exclusive  of  subsistence  charges  for  the 
latter,  amounted  approximately  to  ($69.40)  sixty ^nine  dollars  and  forty 
cents.1 

The  committee  recommends  a  system  of  penal  labor  colonies  similar  to 
that  of  the  Belgian  colonies  as  a  new  method  of  dealing  with  the  vagrants 
in  England.  In  the  penal  labor  colony  (i)  the  workman  out  of  employ- 
ment is  treated  as  a  patient  and  with  care,  and  not  as  a  criminal  with 
imprisonment.  His  downward  career  is  arrested  before  his  technical 
skill  is  lost;  (2)  the  whole  vagrant  class  is  subjected  to  the  steadying 
influence  of  regular  life  and  regular  work  for  long  periods  of  time,  and, 
while  the  colony  may  be  unable  to  re-establish  him  in  independent  life, 
yet  his  life  will  be  made  pleasant  and  he  will  be  prevented  from  recruit- 
ing the  criminal  class;  (3)  the  cost  of  maintaining  a  vagrant  is  less  than 
in  prison,  for  in  the  colony  he  is  self-supporting.  As  he  must  be  taken 
care  of,  the  committee  recommends  a  more  economical  as  well  as  a  more 
corrective  method. 

The  committee  is  of  the  opinion  that  joint  action  between  the  magis- 
trates and  the  boards  of  guardians  throughout  the  country  could  be 
advantageously  taken,  which  would  result  in  the  establishment  of  penal 
labor  colonies.  It  was  found  after  communicating  with  all  the  boards  of 
guardians  that  many  favored  labor  colonies,  while  the  majority  contended 

1  This  is  a  familiar  story  in  Chicago  and  other  American  cities. — C.  R.  H. 

144 


that   further   measures   were   necessary   for   dealing   with    the    vagrant 
difficulty. 

THE  BELGIAN   LABOR  COLONIES 

An  investigation  of  the  Belgian  labor  colonies  by  two  members  of  the 
committee  disclosed  the  following  facts  which  are  appended  to  the  fore- 
going report  of  the  Vagrancy  Committee: 

The  Belgian  labor  colonies  deal  with  inefficients  and  undesirables  who 
cannot  or  will  not  conduct  themselves  in  accordance  with  the  recognized 
standards  of  life  and  with-  criminals  who,  having  completed  their  sentences 
not  exceeding  one  year,  are  detained  for  some  time  in  a  colony.  Simple 
and  first  offenders  are  detained  at  Wortel  and  Hoogstraeten,  known  as 
maison  de  refuge  ("house  of  refuge")  for  a  period  not  exceeding  one 
year,  or  until  the  colonist  has  earned  ($2.90)  two  dollars  and  ninety  cents. 
For  a  second  or  more  grave  offense  the  vagrant  is  sent  to  Merxplas,  styled 
a  depot  de  mendicite  ("institution  for  vagrants"),  for  a  period  of  from 
two  to  seven  years.  All  cases  must  be  disposed  of  within  twenty-four 
hours  of  arrest.  All  records  are  kept  at  Brussels,  and  information  is  for- 
warded by  telegraph.  The  five  colonies — two  at  Bruges  for  women  and 
the  three  for  men  at  Wortel,  Hoogstraeten,  and  Merxplas — are  under  the 
direct  control  of  the  minister  of  justice  who  has  power  to  revise  all  sen- 
tences and  to  liberate  men  on  the  advice  of  the  colony  director.  A  broad 
interpretation  of  the  Belgian  law  which  regards  vagrancy  and  begging, 
not  as  criminal  offenses,  but  as  a  social  danger  requiring  treatment,  is 
made,  and  modifications  are  freely  permitted  where  the  rigid  enforcement 
of  the  law  would  mar  the  effect. 

Merxplas  is  situated  near  Antwerp  in  a  cultivated  country  with  occa- 
sional stretches  of  pine  plantations.  The  sandy  heath  around  Merxplas 
has  been  transformed  by  the  colonists  into  excellent  agricultural  land, 
with  fields  and  gardens  and  avenues  of  pines  and  oak.  The  buildings  are 
large  and  handsome  and  excellently  built.  The  main  block  consists 
of  a  large  quadrangle  on  the  western  side  of  which  are  the  offices  of 
administration  centered  around  the  principal  gate,  dining-halls  with  a 
seating  capacity  of  1,500  at  a  time,  reception  rooms,  baths,  fire-engine 
house,  etc. ;  on  the  east  side  is  the  hospital  which  is  directly  opposite  the 
main  gate,  two  wings  on  both  sides  ( I )  for  infirmes,  who  are  still  capable 
of  light  work,  and  (2)  for  incurables,  who  are  unfit  for  labor;  on  the 
north  side  are  long  galleries,  for  use  in  inclement  weather,  lavatories, 

us 


II! 

I  I  I 

' 


. 

QHbi 


canteen,  library;  on  the  south  side  are  the  barracks  for  150  soldiers,  the 
prison  for  refractory  colonists,  and  the  exercise  grounds.  In  front  of  the 
quadrangle  are  the  four  dormitory  buildings,  and  in  front  of  these  the 
church  recently  erected  by  the  colonists.  The  church  has  a  standing 
capacity  of  1,500  men.  Adjoining  are  the  farm  buildings  on  a  lavish 
scale  and  of  modern  construction.  To  the  northeast  from  the  quadrangle 
are  the  workshops,  brick  and  cement  yards,  stone  yards,  pottery  works, 
tannery,  and  stores. 

The  industries  of  Merxplas  are  carefully  divided  and  carried  on  in 
separate  buildings,  each  shop  being  under  a  trade  instructor.  The  shops 
are  airy,  and  as  it  is  a  privilege  to  work  there,  wages  are  naturally  higher. 
The  industries  include  (i)  an  iron  foundry  where  the  colonists  make 
their  own  patterns  and  do  their  own  casting,  turning  and  finishing  in 
metal,  (2)  a  mat-making  shop  of  the  ordinary  kind,  but  on  a  large  scale, 
where  every  description  of  mats  are  made;  (3)  a  shop  for  cement  tiles, 
where  remunerative  work  is  done  for  outside  firms ;  (4)  a  weaving-shop 
where  yarn  is  made  of  cowhair  and  afterward  worked  into  carpets,  where 
thread  is  spun  for  the  warp  of  the  cloth  used  for  the  colonists'  clothes, 
and  where  cloth  is  woven  by  hand-looms;  (5)  a  button  shop,  for  making 
mother  of  pearl  buttons  for  the  outside  trade  (none  of  the  lathes  in  this 
shop  are  made  at  Merxplas,  which  is  the  exception)  ;  (6)  a  carpenter's 
shop  where  window  frames,  chairs,  traveling  trunks,  furniture,  and  cabi- 
net work  are  made;  (7)  a  shoe  shop  where  boots  are  made  by  hand  for 
the  army  and  where  hospital  shoes  are  made  from  the  selvage  of  cloth 
wovfti  on  a  block ;  (8)  a  printing-shop ;  (9)  a  shop  where  fine  chains  of 
imitation  jewelry  are  made;  (10)  large  brick  works  where  36  men  are 
employed  at  brick-making  with  an  output  of  70,000  bricks  daily,  the  men 
being  paid  3  cents  per  1,000;  (n)  a  factory  where  cement  conduit  pipes 
are  made  on  a  large  scale;  (12)  stonemason  and  sculptor's  shops;  (13)  a 
pottery ;  and  ( 14)  a  tannery,  where  the  bark  from  the  trees  of  the  estate 
is  used.  There  are  also  stores  for  iron  and  clothing. 

The  farm  is  carried  on  on  the  same  extensive  principle  as  the  work- 
shops. The  fields  are  highly  cultivated,  crops  of  maize  and  hemp  being 
grown.  The  cowhouse  and  piggeries  are  kept  clean  and  the  buildings  are 
of  excellent  design  and  well  built.  As  little  spade  cultivation  is  done 
there  are  naturally  many  horses  and  oxen  for  farm  work.  There  are  also 
many  cattle  and  sheep.  Very  little  machinery  is  used,  and  the  whole  of 

147 


the  products  is  consumed  in  the  colony.     Much  labor  is  employed  tilling 
new  ground. 

Three  principles  are  observed  in  the  organization  of  labor  in  the  work- 
shops, on  the  farm,  and  in  housework:  (i)  as  little  machinery  as  possible 


GROUND  PLAN  OF  MERXPLAS. 


i. — Main  Entrance 

». — Colony  Prison  and  Barracks 

3. — Quarters  of  Class  5 

4.— Lavatories  and  Exercise  Wings 

5. — Dining-Hall 


6. — Hospital 
7. — Dormitories 
8. — Farm 
p.— Church 
10. — Director's  House 


1 1 . — Workshops 

1 2 . — Stores 

13.— Stone  and  Cement  Works 

14. — Brickyards  and  Tannery 


Is  used,  thus  employing  large  numbers  of  men.  The  grinding  is  done  by 
a  large  capstan  wheel  worked  by  sixty  men  at  a  time,  and  one  hundred  and 
twenty  men  are  thus  kept  occupied.  The  lathes  in  the  shops  are  worked 
by  driving  wheels,  each  turned  by  from  two  to  four  men.  The  hand 

148 


looms  give  employment  to  the  unskilled  and  semi-infirm.  (2)  All  pro- 
cesses of  manufacture  are  begun  as  close  to  the  raw  material  as  possible. 
Tobacco,  flax,  and  chicory  are  grown  on  the  farm.  Thread  is  spun  from 
the  hair  of  colony  cattle,  cloth  and  carpet  are  woven,  and  leather  comes 
from  the  cattle  on  the  farm.  (3)  The  buildings  and  everything  used  in 
the  colony  are  made,  so  far  as  possible,  by  the  colonists.  All  the  products 
are  consumed  by  the  colony  and  no  trade  is  had  with  the  outside. 

Discipline  is  maintained  by  a  small  staff  consisting  of  a  director-in- 
chief  at  Hoogstraeten,  who  exercises  a  general  financial  supervision 
over  all  the  colonies ;  a  director  at  Wortel  and  at  Merxplas,  and  at  Merx- 
plas  two  deputy  directors,  one  doctor,  two  priests,  five  teachers,  nineteen 
clerks,  one  manufacturing  manager,  eighty-one  warders,  six  sisters-of- 
mercy  and  one  hundred  and  fifty  soldiers  who  have  never  yet  been  called 
upon  to  act  except  to  assist  in  the  ordinary  control  of  gangs  of  field 
laborers  on  the  outskirts  of  the  farm.  Offenses  against  the  colony  are 
summarily  dealt  with  by  the  director  who  has  full  power  (i)  to  transfer 
men  from  one  class  to  another  or  from  more  to  a  less  remunerative  form 
of  work,  and  (2)  to  award  imprisonment  and  bread-and-water  diet  for 
sixty  days  in  the  colony  cells. 

The  maintenance  of  discipline  is  further  helped  by  the  privilege  of 
earning  wages  and  spending  them  directly  on  beer  and  tobacco.  Another 
help  is  the  tolerance  with  which  escapes  are  treated.  The  colony  is  entirely 
oblivious  of  an  escaped  colonist  for  he  will  be  found  again  if  he  is  riot 
maintaining  himself  legitimately  on  the  outside.  Escape,  however,  may 
be  punished  with  imprisonment. 

There  are  804  colonists  employed  in  domestic  service  at  Merxplas, 
1,460  in  the  industries  and  1,484  as  farm  laborers.  There  are  twice  as 
many  brickworkers  as  of  any  other  industry.  The  inmates  at  Merxplas 
are  divided  into  seven  classes: 

Class  I. — Men  sentenced  for  offenses  against  morality  and  for  arson. 

Class  2.— Men  sentenced  to  colony  life  after  a  term  of  imprisonment 
of  less  than  one  year. 

Class  3. — Dangerous  colonists. 

Class  4.— Habitual  vagabonds,  medicants,  and  inebriates. 

Class  5. — Men  under  tweny-one  years  of  age. 

Class  6. — The  infirm  and  incurable. 

Class  7. — First  offenders. 

149 


Classes  I  and  2  have  special  quarters,  special  work,  special  super- 
vision, and  are  never  allowed  to  mix  with  the  other  colonists  or  to  leave 
their  own  quarters.  Classes  3  and  4  are  similar,  only  Class  5  gets  school 
instead  of  labor.  Class  6  does  light  work.  The  incurables  do  none  and 
are  allowed  freedom,  and  about  I  cent  a  day.  They  have  better  diet  and 
are  allowed  to  play  games,  smoke,  and  read. 

Merxplas  is  concerned  mainly  with  Classes  3,  7  and  those  in  6  who 
can  do  light  work.  These  are  required  to  do  nine  hours  of  work  a  day 
of  a  character  suited  to  their  capacity.  They  are  paid  in  board  and  lod- 
ging and  receive  in  addition  from  3-5  of  a  cent  to  6  cents  a  day.  On  the 
normal  summer  day  the  colonists  rise  at  4 130  A.  M.,  get  their  rations 
of  i*/2  Ibs.  of  bread  and  all  the  (chicory)  coffee  they  want,  go  to  the 
shops  at  6  :oo,  and  rest  from  8  :oo  until  8 130.  They  eat  dinner  at  1 1 130 
and  go  back  to  work  at  1 130  p.  M.  At  4  :oo  they  are  allowed  another 
half-hour  for  rest  and  smoking,  and  at  6  :oo  they  eat  supper,  retiring 
immediately  thereafter.  In  the  winter  the  farm  hands  go  to  bed  early. 
Shopworkers  begin  at  7 130  A.  M.,  and  work  after  dusk  by  light. 

There  are  about  5,500  men  in  Merxplas,  with  practically  no  charge  to 
the  state.  At  the  outset  the  state  bought  some  old  buildings  from  a 
benevolent  society,  and  since  then  a  daily  subvention  of  $0.24125  or 
$0.2995  f°r  the  infirm  and  $0.1320  for  the  able-bodied  has  been  granted 
annually  The  state,  province,  and  parish  each  pay  one-third  of  this.  No 
other  outside  help  is  received,  and  the  colony  is  self-supporting.  The 
cost  per  head  under  the  English  prison  system,  after  deducting  the  value 
of  work  done  is  ($109.80.2)  one  hundred  and  nine  dollars  and  eighty 
and  one-fifth  cents  in  local,  and  ($136.14.8)  one  hundred  and  thirty-six 
dollars  and  fourteen  and  four-fifth  cents  in  convict  prisons,  exclusive  of 
all  charges  for  buildings.  At  the  Lincoln  workhouse,  on  the  same  basis, 
the  cost  is  about  ($78.76)  seventy-eight  dollars  and  seventy-six  cents. 
At  Merxplas  for  the  able-bodied  it  is  less  than  ($48.00)  forty-eight 
dollars,  including  the  entire  cost  of  the  buildings  and  of  the  farm  improve- 
ments, and  nearly  half  of  this  small  sum  is  paid  in  wages  to  the  colonists. 

More  important  than  the  economy  of  the  system  is  the  effect  on  the 
colonists,  for  the  men  have  retained  whatever  manual  or  technical  skill 
they  possessed  when  they  began  to  slip  out  of  employment  in  the  outside 
world.  The  opportunity  of  practicing  their  trades  has  prevented  them 
from  rapid  deterioration.  Coercion  is  dispensed  with.  Only  one  foreman 

150 


and  one  warder  are  stationed  in  each  shop.  While  the  effect  on  the 
colonists  is  not  permanent,  since  90  per  cent,  are  habituals  and  addicted  to 
drink,  yet  further  deterioration  is  prevented  by  thrusting  them  into  a 
wholesome  environment.  Besides  being  prevented  from  sinking  lower, 
the  colonists  are  prevented  from  propagating  their  kind.  They  lead  a 
decent,  largely  self-supporting  life.  The  colonies  deal  largely  with  the 
inefficient,  more  than  with  the  temporarily  unemployed. 

Another  good  effect  is  that  the  colony  sifts  the  good  from  the  bad, 
which  accounts  for  the  fact  that  90  per  cent,  of  those  now  in  colonies  are 
habituals. 

The  principal  argument  for  the  colony  is  that  it  arrests  the  man's 
deterioration,  places  him  in  surroundings  where  his  technical  skill  may 
not  be  lost,  and  helps  him  to  live  a  legitimate  life,  dependent  only  on 
his  own  industry. 

A  sketch  of  the  ground-plan  and  of  the  central  buildings  at  Merxplas 
accompanies  the  description  of  the  Belgian  labor  colonies. 


FARM  PRISONS  OF  LOUISIANA 

DR.   F.   H.    WINES 

After  a  careful  and  prolonged  study  of  most  of  the  prisons  of  Louisi- 
ana, at  the  invitation  of  persons  interested  in  the  improvement  of  methods 
there,  Dr.  F.  H.  Wines,  expert  in  this  field,  made  an  instructive  report  in 
the  spring  of  1906.  Of  the  parish  (county)  system  he  writes : 

Some  parishes — only  two,  so  far  as  ascertained — provide  employment  for 
prisoners.  Sporadically  and  intermittently  they  may  be  utilized  elsewhere  as  laborers 
upon  the  public  roads.  The  parish  of  Caddo  has  had  two  portable  prisons  or  "jail 
wagons"  built,  and  men  sentenced  to  hard  labor  are  delivered  by  the  sheriff  to  the 
overseers  of  roads,  who  receipt  for  them  and  become  responsible  for  their  safe- 
keeping. The  experience  of  that  parish  has  not  encouraged  any  other  state  to 
follow  its  example.  A  year  or  two  ago,  the  condition  and  treatment  of  these  men 
gave  rise  to  a  serious  local  newspaper  scandal,  which  resulted  in  the  resignation 
or  removal  of  one  of  the  officers  in  charge ;  and  the  character  of  the  work  done  by 
them  is  said  to  be  a  poor  return  for  the  outlay  of  money  and  trouble.  The  parish 
of  Calcasien  has  entered  into  contract  with  a  turpentine  distiller  to  take  such  men 
as  may  be  sentenced  to  imprisonment  with  labor.  The  outdoor  life  in  the  forest, 
the  regular  and  healthy  occupation,  the  greater  variety  and  abundance  of  food,  and 
the  comparative  freedom  the  men  enjoy,  are  no  doubt  better  for  them  than  seclu- 
sion in  a  steel  cage,  but  their  condition  and  treatment  will  not  compare  with  that 
of  prisoners  on  state  farms. 

If  a  man  with  a  short  sentence  can  be  sent  away  from  the  parish  seat  to  a  farm 
within  the  parish  limits,  and  th«n  be  compelled  to  earn  the  cost  of  his  own  main- 
tenance until  discharged,  under  the  control  of  a  lessee,  why  might  he  not  be  sent 
farther  away,  to  a  state  farm,  and  then  do  the  same  thing  under  the  direct  control 
of  the  state  officials?  This  would  be  simply  the  assimilation  of  sentences  and  the 
abolition  of  a  distinction  resting  on  custom  and  prejudice  rather  than  on  common 
sense. 

Of  the  state  system  Dr.  Wines  writes: 

All  state  prisoners  are  now  sent'  to  "The  Walls,"  as  the  state  penitentiary  at 
Baton  Rouge  is  commonly  called.  Thi«  is  the  old  and  out-of-date  estab  ishment, 
and  reminds  one  forcibly  in  its  interior  construction  of  the  old  state  prison  at 
Sing  Sing,  New  York.  The  cells  are  practically  of  the  same  size,  and  equally 
deserving  of  condemnation.  The  industries  here  formerly  carried  on  have  been 
pretty  much  abandoned,  part  of  the  shop  having  been  torn  down,  and  it  is  now  not 

152 


much  more  than  a  receiving  and  distributing  depot  for  convicts.  If  the  plan  of  the 
Prison  Commission  is  approved,  as  it  probably  will  be,  by  the  legislature,  this 
prison  is  to  be  abandoned,  the  ground  on  which  it  stands  sold,  and  the  materials 
removed  to  St.  Gabriel,  fifteen  miles  nearer  New  Orleans,  where  a  new  and  better 
receiving  station  will  be  erected. 

From  'The  Walls"  convicts  are  forwarded  to  one  of  the  plantations  owned  by 
the  state  and  cultivated  by  convict  labor,  under  the  control  and  direction  of  state 
officials.  The  largest  of  these  is  at  Angola,  across  the  Mississippi  River  from 
Torras.  It  is  a  cotton  plantation,  made  up  of  six  plantations  contiguous  to  each 
other,  and  contains  9,000  acres,  of  which  one-half  is  under  cultivation,  and  the 
rest  heavily  timbered  swamp.  This  is  rapidly  being  cleared  by  the  prisoners.  The 
logs  are  brought  down  upon  a  narrow-gauge  railway  operated  by  mule-power  to 
the  riverside,  where  there  is  a  combined  sawmill  and  cotton  gin.  The  river  is 
here  a  mile  or  more  in  width,  and  it  surrounds  the  place  on  three  sides,  leaving  a 
swampy  neck  of  land  as  the  only  other  available  chance  of  escape  from  custody. 
The  other  two  plantations  are  not  so  large,  and  they  are  devoted  to  the  raising  of 
cane  and  the  making  of  sugar.  That  at  Jeanette  was  first  acquired,  and  it  is  in  a 
more  advanced  state  of  development  than  that  at  St.  Gabriel.  A  few  gangs  of 
state  convicts  are  employed  in  rebuilding  and  repairing  of  levees. 

It  is  difficult  to  conceive  of  a  more  ideal  method  of  dealing  with  prisoners, 
especially  negro  prisoners,  than  this.  The  negro  does  not  thrive  in  the  close  con- 
finement of  an  ordinary  prison,  and  there  are  several  good  reasons  for  not 
employing  him  in  the  manufacturing  industries  while  in  a  state  of  incarceration. 
He  loves  outdoor  life  and  he  is  naturally  adapted  to  farm  labor  in  the  hot  climate. 
His  life  on  the  state  farms  is  almost  identical  with  that  he  would  lead  if  working 
for  wages.  It  is  indeed  more  moral,  more  regular,  and  more  sanitary.  He  is  well 
housed,  well  fed,  and  well  cared  for  in  sickness  and  in  health.  He  is  not  over- 
worked. He  is  deprived  of  the  opportunity  to  gratify  his  appetite  for  whiskey 
and  for  sensual  indulgence.  He  is  easily  controlled,  but  is  liable  to  punishment 
by  strapping  for  insurbordination  or  persistent  laziness.  He  will  not  often  run 
from  an  armed  overseer,  and  if  he  does,  unless  he  is  more  than  ordinarily  capable 
and  fortunate,  he  runs  but  a  short  distance  before  he  is  treed  by  the  dogs.  The 
labor  which  he  performs,  while  it  is  not  excessive,  is  more  profitable  than  that  of 
a  free  laborer,  because  he  takes  his  breakfast  before  going  to  the  field  at  daylight, 
thus  saving  an  hour  a  day,  and  he  has  not  the  privilege  of  loafing  as  many  days  in 
the  week  as  he  chooses,  but  works  six  days  in  every  week  in  the  year.  There  is 
another  consideration  which  recommends  the  agricultural  prison :  the  character  of 
the  work  done  is  not  a  source  of  irritation  to  the  labor  unions.  The  one  criticism 
to  be  made  on  the  system  is  that,  except  in  so  far  as  it  involves  compulsory  labor, 
regularity  of  life,  and  discipline,  it  is  not  reformatory. 

153 


THE  MISSISSIPPI  STATE  CONVICT  FARM 

Rev.  E.  T.  Mobberly,  Leland,  Miss.,  gives  this  account  of  the  state 
farm  prison: 

It  was  opened  entirely  by  prison  labor.  It  consists  of  14,000  acres,  of  which 
8,000  are  now  open  land.  Financially  it  was  a  splendid  investment,  having  cost  but 
$5.72  per  acre,  and  being  worth  now  at  least  $50.00;  much  of  it  would  bring  $75.00. 

There  are  now  nine  (9)  camps  or  stockades,  where  on  an  average  80  prisoners 
are  kept.  These  are  mostly  mere  temporary  barracks,  to  be  replaced  later  by  more 
substantial  buildings.  At  each  of  these  camps  is  located  a  sergeant  and  several 
guards The  main  building  is  divided  into  two  compartments,  each  con- 
taining 40  iron  cots.  The  beds  are  fairly  clean.  They  are  replaced  by  new  ones 
twice  a  year.  The  rough  dining-hall  is  a  separate  building.  Meals  are  served  in 
tin  pans,  six  or  eight  inches  wide  and  two  inches  deep.  The  fare  is  a  liberal 
strip  of  bacon,  rice,  and  corn  bread,  with  coffee.  No  knives  or  forks  are  supplied 
lest  they  be  used  as  weapons.  All  the  prisoners  at  this  farm  are  negroes  except 

twenty  white  men  who  run  the  saw  mHl They  are  required  to  retire  at 

eight  and  to  rise  at  four.  I  was  assured  that  there  was  little  or  no  likelihood 

of  mutiny,  which  is  equally  true  among  negroes  everywhere I  am  inclined 

to  think  that  little  thought  has  been  given  to  the  reformation  of  prisoners.  The 
provision  for  religious  instruction  is  inadequate.  Partisan  political  influences 
offset  the  appointments  and  disturb  discipline  and  progress.  Prisoners  rarely  return 
a  second  time ;  they  are  mostly  young  and  impulsive  negroes,  and  with  one  lesson 
they  usually  learn  to  obey  the  laws.  They  learn  to  work,  and  easily  secure 
employment  upon  discharge.  They  are  much  improved  in  physical  condition.  The 
prison  physician  reported  last  year  that  60  per  cent,  of  the  prisoners  of  this  farm 
were  syphilitics.  They  are  helped  by  discipline  and  medical  care.  There  was 
much  agitation  for  employment  of  this  labor  upon  public  roads,  but  it  is  impractical 
and  agitators  of  such  use  of  labor  have  seen  its  impracticability,  among  whom  is 
the  present  governor. 

It  will  be  noted  how  this  well-informed  southern  observer  agrees  with 
the  testimony  of  Dr.  F.  H.  Wines. 


